United States Fifth Circuit - June 2008 Opinion Summaries

Moore v. Quarterman

Criminal Law & Procedure, Habeas Corpus, Health Law
In a habeas proceedings seeking a de novo federal court decision on whether petitioner's alleged mental retardation constitutionally exempted him from...

New Orleans & Gulf Coast Ry. Co. v. Barrois

Civil Procedure, Transportation
In a suit seeking injunctive and declaratory relief either to prohibit or regulate defendant's installation or use of private at-grade railroad...

Butler v. Cain

Criminal Law & Procedure, Habeas Corpus
Following a prosecution for second degree murder and a subsequent conviction to life in prison, denial of a petition for writ of habeas corpus as...

US v. Campos-Maldonado

Criminal Law & Procedure, Sentencing
A sentence following a guilty plea to unlawful reentry is affirmed over challenges to the reasonableness of the sentence claiming it overstated the...

Bilbe v. Belsom

Contracts, Injury & Tort Law, Insurance Law, Property Law & Real Estate
In an action brought by plaintiff arising from defendant's payment of homeowners insurance under the Water Damage Exclusion, which limited the amount...

Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co.

Insurance Law
Summary judgment in favor of defendants after the court concluded that the insurance policies purchased by plaintiff from defendant do not cover...

US v. Rodriguez-Rodriguez

Criminal Law & Procedure, Sentencing
On remand from the Supreme Court of the United States for consideration in light of its decision in Gall v. U.S., 128 S. Ct. 586 (2007), a sentence...

Burden v. Johnson & Johnson Med.

Attorney's Fees, Civil Procedure, Health Law, Injury & Tort Law, Product Liability
In a products liability action involving latex gloves, summary judgment for defendants is affirmed in part, vacated in part, and remanded where: 1)...

Burden v. Johnson & Johnson Med.

Attorney's Fees, Civil Procedure, Health Law, Injury & Tort Law, Product Liability
In a products liability action involving latex gloves, summary judgment for defendants is affirmed in part, vacated in part, and remanded where: 1)...

Elsensohn v. St. Tammany Parish Sheriff's Office

Civil Procedure, Civil Rights, Health Law, Labor & Employment Law
In an action claiming alleged interference with, restraint, and denial of plaintiff's rights under the Family Medical Leave Act, dismissal of the...