United States Fifth Circuit - August 2009 Opinion Summaries

Floyd v. Amite Cty. Sch. Dist.

Civil Rights, Education Law, Labor & Employment Law
In an action alleging that Defendant high school terminated Plaintiff as principal on racially discriminatory grounds, summary judgment for Defendants...

Wilshire Ins. Co. v. RJT Const., LLC

Construction, Insurance Law
In an action by an insurer seeking a declaration that it had no duty to defend an underlying construction dispute, judgment for Plaintiff is reversed...

US v. Rodriguez-Parra

Criminal Law & Procedure
Defendant's sentence for illegally reentering the U.S. is affirmed, where the District Court erred by applying an enhancement because Defendant's...

Kane v. Holder

Administrative Law, Immigration Law
In a petition for review of the BIA's order reversing a decision of the Immigration Judge (IJ) that granted Petitioner's application for withholding...

APS Capital Corp. v. Mesa Air Group Inc.

Banking Law, Contracts, Evidence
In a breach of contract action regarding the resale of trade claims and bank debt, summary judgment for defendant is vacated where: 1) the agreement...

US v. Whitelaw

Criminal Law & Procedure, Sentencing
In a theft prosecution, defendant's sentence imposed upon revocation of his term of supervised release is affirmed where defendant: 1) failed to show...

Lone Star OB/GYN Assocs. v. Aetna Health Inc.

Civil Procedure, ERISA, Health Law, Insurance Law
In an action alleging underpayment of health insurance proceeds to a service provider, an order remanding the case is vacated where plaintiff was not...

St. Paul Fire & Marine Ins. Co. v. Labuzan

Bankruptcy Law
In a bankruptcy adversary proceeding, an order precluding certain creditors from asserting a claim for violation of the automatic stay is reversed...

Ikossi-Anastasiou v. Bd. of Supervisors

Civil Procedure, Labor & Employment Law
In an action alleging racially discriminatory denial of unpaid leave, summary judgment for defendant is affirmed in part where plaintiff's disparate...

Cantu v. Jackson Nat'l. Life Ins. Co.

Contracts, Insurance Law
In an action seeking life insurance proceeds, summary judgment for defendant-insurer is affirmed where the only way for plaintiff to accept the offer...