United States Fifth Circuit - December 2007 Opinion Summaries

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Description Date Docket #

US v. Lopez-Valenzuela

United States Fifth Circuit
Criminal Law & Procedure
Denial of a motion to dismiss defendant's indictment for illegal reentry is reversed where: 1) for Speedy Trial Act purposes, the speedy-trial clock...
12/20/2007 05-61130

Benson v. Justice

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
Dismissal for lack of jurisdiction of a 28 U.S.C. section 2241 petition brought by a prisoner convicted of engaging in a continuing criminal...
12/19/2007 07-10076

United Disaster Response, LLC v. Omni Pinnacle, LLC

United States Fifth Circuit
Civil Procedure, Contracts, Government Contracts, Government Law
In a dispute involving a contract with a parish to perform post-hurricane repairs, an appeal from denial of defendant-parish's motion to dismiss is...
12/18/2007 07-30348

In The Matter of: Pratt

United States Fifth Circuit
Bankruptcy Law, Civil Procedure
In an adversary action against a bankruptcy debtor where the accuracy of a stenographic transcript came into question, an order denying plaintiff...
12/18/2007 07-10422

US v. Gharbi

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
A conviction of conspiracy and fraud is affirmed over defendant's claim that he was deprived of his Sixth Amendment right to choice of counsel, but...
12/18/2007 06-51237

US v. Rojas-Gutierrez

United States Fifth Circuit
Criminal Law & Procedure, Immigration Law, Sentencing
Every offense defined by California Penal Code section 220(a) qualifies as a crime of violence for the purpose of the Sentencing Guidelines because...
12/14/2007 06-50584

Downey v. Strain

United States Fifth Circuit
Health Law, Labor & Employment Law, Remedies
In an action claiming that defendant-sheriff violated plaintiff's rights under the Family and Medical Leave Act (FMLA), judgment pursuant a jury...
12/13/2007 06-30613

Galey v. World Mktg. Alliance

United States Fifth Circuit
Civil Procedure, Contracts, Dispute Resolution & Arbitration, Injury & Tort Law, Professional Malpractice, Securities Law
In an action alleging negligence and breach of fiduciary duty, claiming that defendants caused plaintiffs to suffer losses in allegedly unsuitable...
12/13/2007 06-60715

US v. Ford

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
A charge and conviction for "possession with an intent to deliver" a controlled substance under section 481.112(a) of the Texas Health and Safety Code...
12/12/2007 06-20142

Price v. Rosiek Constr. Co.

United States Fifth Circuit
Civil Rights, Construction, Labor & Employment Law
In a Title VII and 42 U.S.C. section 1981a suit against defendant-construction company alleging that plaintiff was discharged because he is...
12/11/2007 06-41304