United States Fifth Circuit - July 2005 Opinion Summaries

Miller v. Dretke

Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for habeas relief is reversed where she was prejudiced by her counsel's failure to conduct a constitutionally adequate...

Woodard v. Andrus

Civil Rights, Constitutional Law, Family Law, Injury & Tort Law
Dismissal of plaintiff's section 1983 suit, claiming that defendant charged her fees in excess of, or not authorized, by state statute, is reversed...

Burlington Northern v. Skinner Tank Co.

Environmental Law, Injury & Tort Law, Product Liability
Section 9658 of the Comprehensive Environmental Response, Compensation, and Liability Act does not preempt the Texas statute of repose in a lawsuit...

In Re: Grand Jury Subpoena

Criminal Law & Procedure, Ethics & Professional Responsibility, Evidence
Defendant's motion to quash a grand jury subpoena, seeking testimony from his former counsel, is granted where the government did not make the prima...

Coleman v. Sch. Bd. of Richland Parish

Civil Rights, Education Law, Injury & Tort Law, Insurance Law
In a lawsuit alleging federal claims for intentional racial discrimination, defendant-school board's insurance company has a duty to defend since...

Teco Barge Line v. Lux

Admiralty, Injury & Tort Law
In an action stemming from an allision, summary judgment in favor of defendant is affirmed over plaintiff's claim that the district court erroneously...

Wentwood Woodside v. GMAC

Injury & Tort Law, Insurance Law, Property Law & Real Estate
42 U.S.C. section 4012a does not give rise to a private right of action under Texas law for negligence per se.

Coppola v. Beeson

Bankruptcy Law, Labor and Employment Law, Family Law

Omari v. Gonzales

Criminal Law & Procedure, Immigration Law
Plaintiff's petition for review of a removal order is granted where the record does not reflect that the prior conviction, on which the removal order...

PCI Transp. v. Fort Worth & Western R.R. Co.

Civil Procedure, Constitutional Law, Contracts
In a dispute concerning railroad operations, plaintiff's state-law claim for breach of contract is completely preempted by the Interstate Commerce...