United States Fifth Circuit - July 2006 Opinion Summaries

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Description Date Docket #

US v. Brathwaite

United States Fifth Circuit
Criminal Law & Procedure, Evidence
Denial of defendant's motion to suppress evidence in prosecutions for identification document fraud, forgery, bank fraud, interstate transportation of...
07/31/2006 05-10384

US v. Agofsky

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Dual capital murder convictions and two death sentences arising out of a single killing are vacated and remanded where, under the circumstances of the...
07/31/2006 04-41219

Mbaba v. Societe Air France

United States Fifth Circuit
Civil Procedure, International Law, International Trade, Transportation
(Industry: Travel & Leisure)

The Warsaw Convention as amended by Montreal Protocol No. 4 preempts plaintiff's claims stemming from excess baggage fees.
07/26/2006 05-20452

Bridgeport Tank Trucks v. Lien Agent

United States Fifth Circuit
Attorney's Fees, Bankruptcy Law, Debt Collection, Oil and Gas Law, Remedies
11 U.S.C. section 506(b) does not permit appellants' recovery of attorney's fees and costs, as part of their oversecured statutory materialmen's lien...
07/26/2006 05-41141

State of Louisiana v. Union Oil Co. of California

United States Fifth Circuit
Civil Procedure, Government Law, Oil and Gas Law
Denial of a motion to remand following removal of a state court action alleging breach of contract, negligence, strict liability and trespass arising...
07/26/2006 05-30488, 05-30489, 05-30492, 05-30493

Banda-Ortiz v. Gonzales

United States Fifth Circuit
Immigration Law
A petition for panel rehearing is denied.
07/26/2006 04-61100

US v. State of Texas

United States Fifth Circuit
Administrative Law, Civil Rights, Education Law, Government Law, Remedies
In a case arising out of student transfers from one rural Texas school district to another, a judgment in favor of plaintiffs and an injunction...
07/25/2006 05-41205

Water Craft Mgmt. LLC v. Mercury Marine, Etc.

United States Fifth Circuit
Antitrust & Trade Regulation, Commercial Law
(Industry: Retail, Travel & Leisure)

In the context of antitrust and alleged price discrimination, the meeting competition defense applies even in cases where a seller knows that its...
07/25/2006 04-31139

Morris v. Equifax Info. Servs., LLC

United States Fifth Circuit
Consumer Protection Law, Debt Collection, Injury & Tort Law
(Industry: Retail)

The mere fact that a consumer reporting agency (CRA) does not own a consumer's file does not of itself necessarily relieve that CRA of the...
07/24/2006 05-20578

Barnard Constr. Co. v. City of Lubbock

United States Fifth Circuit
Construction, Contracts, Government Contracts, Government Law
Summary judgment for defendant-city in a suit brought by a construction company for breach of contract is affirmed over claims that: 1) the city's...
07/21/2006 05-10582