United States Fifth Circuit - November 2008 Opinion Summaries

Archer v. Nissan Motor Acceptance Corp.

Civil Procedure, Civil Rights, Consumer Protection Law, Injury & Tort Law, Transportation
In a suit under the Equal Credit Opportunity Act (ECOA) and state law, alleging that defendant engaged in discriminatory dealer loans, and...

Tebo v. Tebo

Civil Rights, Family Law, Health Law, Injury & Tort Law
In a suit alleging a civil conspiracy to have plaintiff involuntarily committed for mental treatment, summary judgment for defendants is affirmed...

Bd. of Supervisors for La. State Univ. Agric. & Mech. Coll. v. Smack Apparel Co.

Antitrust & Trade Regulation, Attorney's Fees, Education Law, Intellectual Property, Sports Law, Trade Dress, Trademark
In a trademark dispute alleging that defendant infringed trademarks by selling t-shirts with several universities' color schemes and other identifying...

Walker v. Epps

Constitutional Law, Criminal Law & Procedure, Sentencing
In an Eight Amendment challenge to lethal injection as the method of execution for two death-row inmates, rulings that the applicable statute of...

LaBarge Pipe & Steel Co. v. First Bank

Banking Law, Commercial Law, Contracts, Injury & Tort Law
In a suit alleging tort and contract claims relating to a letter of credit issued by defendants, summary judgment for defendants is affirmed in part...

BNSF Ry. Co. v. Bhd. of Maint. of Way Employees

Administrative Law, Dispute Resolution & Arbitration, Labor & Employment Law, Transportation
In a labor dispute in which defendant-union sought the production of certain documents by plaintiff-employer, vacatur of National Railroad Adjustment...

US v. Cavitt

Criminal Law & Procedure, Ethics & Professional Responsibility
Denial of motion to vacate defendant's conviction for posession with intent to distribute cocaine is vacated, and case remanded for an evidentiary...

US v. Goss

Criminal Law & Procedure, Property Law & Real Estate, Sentencing, White Collar Crime
Sentence for mortgage-lending fraud is vacated and remanded where, when computing the sentencing guidelines range, the fair market value of the...

US v. Armstrong

Criminal Law & Procedure, Evidence, Health Law, Professional Malpractice, Sentencing, Tax Law, White Collar Crime
Convictions and sentences of multiple defendants for offenses relating to a scheme to dispense certain controlled substances in violation of the...

US v. Daughenbaugh

Criminal Law & Procedure
Conviction for possession of child pornography is affirmed over an objection that defendant's guilty plea was invalid because he had not knowingly and...