United States Fifth Circuit - June 2005 Opinion Summaries

Wright v. Allstate Ins. Co.

Contracts, Insurance Law
In an insurance coverage dispute, the district court erred in estopping defendant-insurance company from asserting plaintiff's failure to file a Proof...

US v. Castelo

Criminal Law & Procedure, Evidence
The district court did not err in denying defendant's motion to suppress evidence where both the initial stop of defendant's vehicle and its...

Wheeler v. BL Dev. Corp.

Civil Rights, Injury & Tort Law, Labor & Employment Law
In a wrongful termination action, the district court properly granted summary judgment in favor of defendant-employer where plaintiffs failed to come...

Fulford v. Transport Serv. Co.

Class Actions, Civil Procedure

Gen. Elec. Capital Corp. v. Posey

Civil Procedure, Injury & Tort Law
Dismissal of plaintiff's negligent misrepresentation claim is reversed where its complaint pleads sufficient allegations to state a claim upon which...

Flores-Ledezma v. Gonzales

Constitutional Law, Immigration Law
Plaintiff's petition for review of his final order of removal is denied over his claim that the Attorney General's statutory discretion to choose...

US v. Ogle

Criminal Law and Procedure, Sentencing

United Teacher Assoc. Ins. Co. v. Union Labor Life Ins. Co.

Civil Procedure, Insurance Law
In a dispute between two insurance companies, the district court's denial of plaintiff's motion for further relief, pursuant to 28 U.S.C. section...

GLF Constr. Corp. v. LAN/STV

Construction, Contracts, Government Law, Injury & Tort Law
Summary judgment against plaintiff's tort claims is affirmed where defendant was entitled to derivative sovereign immunity for independent contractors...

Marino v. Dillard's, Inc.

Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
Louisiana state courts recognize that contract law does not require written acceptance of an arbitration agreement.