United States Fifth Circuit - July 2005 Opinion Summaries

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Description Date Docket #

Burlington Northern v. Skinner Tank Co.

United States Fifth Circuit
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...
07/28/2005 04-11217

Miller v. Dretke

United States Fifth Circuit
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...
07/28/2005 04-40419

Woodard v. Andrus

United States Fifth Circuit
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...
07/28/2005 04-30714

In Re: Grand Jury Subpoena

United States Fifth Circuit
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...
07/27/2005 04-30508

Teco Barge Line v. Lux

United States Fifth Circuit
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...
07/26/2005 04-30064

Coleman v. Sch. Bd. of Richland Parish

United States Fifth Circuit
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...
07/26/2005 04-30445

Wentwood Woodside v. GMAC

United States Fifth Circuit
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.
07/26/2005 04-20819

Coppola v. Beeson

United States Fifth Circuit

Bankruptcy Law, Labor and Employment Law, Family Law
07/26/2005 04-20311

Omari v. Gonzales

United States Fifth Circuit
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...
07/26/2005 03-61014

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

United States Fifth Circuit
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...
07/26/2005 04-10965