United States Fifth Circuit - December 2006 Opinion Summaries

Hodges v. Mack Trucks, Inc.

Attorney's Fees, Evidence, Injury & Tort Law, Insurance Law, Labor & Employment Law, Product Liability, Remedies, Workers' Compensation
In appeals arising out of a product-liability action for injuries sustained because of a secondary collision in Texas, involving a tractor-trailer...

Chacko v. Sabre Inc.

ERISA, Labor & Employment Law
Summary judgment for defendants, which included plaintiff's former employer, a severance plan, and the plan administrator, on a claim for wrongful...

AEP Texas N. Co. v. Texas Indus. Energy Consumers

Administrative Law, Public Utilities
Pursuant to the filed rate doctrine, federal law preempts state regulators from making a final determination as to whether a Federal Energy Regulatory...

De la Rosa v. St. Charles Gaming Co., Inc.

Admiralty, Civil Procedure, Gaming Law, Injury & Tort Law
In a suit claiming unseaworthiness in admiralty and negligence under Louisiana's "slip and fall" statute involving a customer's fall while aboard a...

Longoria v. State of Texas

Civil Rights, Criminal Law & Procedure, Injury & Tort Law
In a 42 U.S.C. section 1983 action brought by an inmate who was stabbed by fellow inmates for being a "snitch," denial of defendants-officers' motion...

Liberty Mut. Ins. Co. v. Graham

Contracts, Injury & Tort Law, Insurance Law, Labor & Employment Law
Summary judgment declaring that an insurer has no duty to defend or indemnify insured under an insurance policy issued to his employer covering its...

US v. Leijano-Cruz

Criminal Law & Procedure
Denial of defendant's motion for extension of time to file a notice of appeal from his conviction for illegal reentry is affirmed over a claim that...

US v. Penaloza-Duarte

Criminal Law & Procedure, Evidence
A conviction for aiding and abetting the possession of methamphetamine with the intent to distribute is reversed and vacated where there was...

Andrews v. Roadway Express Inc.

Civil Procedure, Civil Rights, Class Actions, Labor & Employment Law
In a suit brought by four class members of a settled class action discrimination lawsuit to enforce an Order approving a Consent Decree in that action...

Johnson v. Martin

Labor & Employment Law, Remedies
Under the Fair Labor Standards Act (FLSA), wages earned after termination offset lost wage damages. A judgment and award of damages to plaintiffs in...