United States Fifth Circuit - November 2008 Opinion Summaries

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Description Date Docket #

Archer v. Nissan Motor Acceptance Corp.

United States Fifth Circuit
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...
11/26/2008 07-60812

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

United States Fifth Circuit
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...
11/25/2008 07-30580, 07-30887

Tebo v. Tebo

United States Fifth Circuit
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...
11/25/2008 07-60659

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

United States Fifth Circuit
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...
11/24/2008 07-11251

Walker v. Epps

United States Fifth Circuit
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...
11/24/2008 0860652

US v. Cavitt

United States Fifth Circuit
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...
11/24/2008 06-41558

LaBarge Pipe & Steel Co. v. First Bank

United States Fifth Circuit
Banking Law, Commercial Law, Contracts, Injury & Tort Law
(Industry: Manufacturing)

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...
11/24/2008 07-30441

US v. Armstrong

United States Fifth Circuit
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...
11/21/2008 07-30286

US v. Goss

United States Fifth Circuit
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...
11/21/2008 07-60699

US v. Orji-Nwosu

United States Fifth Circuit
Criminal Law & Procedure
Conviction for possession with intent to distribute more than five kilograms of cocaine is affirmed where a "deliberate ignorance" jury instruction...
11/19/2008 07-20210