United States Fifth Circuit - March 2009 Opinion Summaries

Borrego Springs Bank, N.A. v. Skuna River Lumber, L.L.C.

Bankruptcy Law
In a bankruptcy adversary proceeding, the Bankruptcy Court's order surcharging and imposing a judicial lien on property previously transferred from...

Linton v. Shell Oil Co.

Admiralty, Civil Procedure, Injury & Tort Law
In an application for leave to appeal the denial of Defendant's motion for summary judgment in an action based on an injury at sea, the application is...

US v. Mondragon-Santiago

Criminal Law & Procedure, Immigration Law, Sentencing
Defendant's sentence for attempted reentry into the U.S. following removal is affirmed, where the District Court's explanation of the reasons for the...

US v. Ellis

Criminal Law & Procedure, Sentencing
Defendant's bank robbery sentence is affirmed, where the Court of Appeals declined to consider Defendant's argument that his prior attempted robbery...

Kucinich v. Texas Dem. Pty.

Constitutional Law, Elections
In a First Amendment challenge to the Texas Democratic Party's requirement that prospective presidential candidates support the party's presidential...

Lafleur v. La. Hlth. Servs. & Indemn. Co.

ERISA, Health Law, Insurance Law
In an ERISA action for health insurance benefits, summary judgment for Defendant plan administrator is reversed where Defendant failed to...

Harrington v. State Farm Fire & Cas. Co.

Insurance Law, Property Law & Real Estate
In an action seeking insurance payments for hurricane damage, dismissal of Plaintiffs' complaints is reversed, where the complaints did not solely...

US v. Munoz-Ortenza

Criminal Law & Procedure, Sentencing
Defendant's sentence for illegal reentry into the U.S. is vacated, where Cal. Pen. Code section 288a(b)(1), under which Defendant was previously...

US v. Tirado-Tirado

Criminal Law & Procedure, Evidence
Defendant's conviction for inducing another to unlawfully enter the U.S. is vacated, where the government introduced a videotaped deposition of a...

Petito v. Brewster

Civil Procedure, Ethics & Professional Responsibility, Sanctions
The dismissal of Plaintiff's action as a sanction is affirmed, where Plaintiff sent threatening e-mails to opposing counsel and failed to appear at...