United States Fifth Circuit - February 2009 Opinion Summaries

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Description Date Docket #

US v. Brown

United States Fifth Circuit
In a Voting Rights Act action alleging the dilution of white Democrat voting power in a county primary, judgment for Plaintiff is affirmed, where the...
02/27/2009 07-60588

US v. Ward

United States Fifth Circuit
Criminal Law & Procedure
Defendant escaped prisoner's firearms possession conviction is affirmed where a fugitive does not have a Fourth Amendment right of privacy in his...
02/26/2009 08-50114

US v. Franklin

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Defendants' drug and firearm convictions are affirmed, where: 1) the extensive evidence was sufficient to support the drug conspiracy count; and 2)...
02/25/2009 07-10680

Oreck Direct LLC v. Dyson Inc.

United States Fifth Circuit
False Advertising
(Industry: Consumer Products, Manufacturing)

In a suit between vacuum cleaner companies alleging false advertising under section 43(a) of the Lanham Act, 15 U.S.C. section 1125(a)(1)(B) (2006),...
02/25/2009 08-30804

Lytle v. Bexar Cty.

United States Fifth Circuit
Civil Rights, Constitutional Law
In a 42 U.S.C. section 1983 action alleging a wrongful police shooting, denial of Defendant's qualified immunity is affirmed, where the parties...
02/25/2009 08-50217

New England Ins. Co. v. Barnett

United States Fifth Circuit
Civil Procedure
In an appeal from an order staying Plaintiff insurer's declaratory judgment action due to a parallel state proceeding, the order is vacated, where...
02/25/2009 07-31146

Torch Liquidating Trust v. Stockstill

United States Fifth Circuit
Corp. Governance, Corporation & Enterprise Law
In a breach of fiduciary duty action, the dismissal of Plaintiff's complaint is affirmed, where the complaint failed to allege injury to the...
02/25/2009 08-30404

Castro v. US

United States Fifth Circuit
Civil Rights, Government Law, Immigration Law, Injury & Tort Law
In an action for wrongful deportation of Plaintiff's child, dismissal of the action for lack of jurisdiction is reversed, where the "discretionary...
02/20/2009 07-40416

Agere Systems Inc. v. Samsung Elec. Co. Ltd.

United States Fifth Circuit
Contracts, Dispute Resolution & Arbitration, Intellectual Property, Patent
Denial of a motion to compel arbitration in a dispute over a patent licensing agreement is reversed and remanded where there was a legitimate argument...
02/19/2009 07-40984

Gray Law LLP v. Transcon. Ins. Co.

United States Fifth Circuit
Attorney's Fees, Contracts, Workers' Compensation
In a suit to recover attorney's fees from a workers' compensation provider after a successful suit against a tortfeasor, denial of the plaintiff's...
02/19/2009 08-10379