United States Fifth Circuit - November 2009 Opinion Summaries

US v. Carey

Criminal Law & Procedure, Evidence, Sentencing
Defendant's aggravated sexual abuse of a minor conviction and sentence are affirmed where: 1) the admissibility of testimony accompanied by a Fed. R....

Ackerson v. Bean Dredging LLC

Civil Procedure, Environmental Law, Government Contracts, Injury & Tort Law
In an action claiming that defendant-contractors' dredging activities caused environmental damage to protective wetlands in the Mississippi River Gulf...

Borden v. Allstate Ins. Co.

Civil Procedure, Contracts, Insurance Law
In an action seeking insurance proceeds related to Hurricane Katrina, summary judgment for defendants is affirmed in part where plaintiff's claims...

New York Guangdong Fin. Inc. v. Comm'r. of Int'l. Rev.

Corporation & Enterprise Law, International Law, International Trade, Tax Law
In an appeal from a tax court's judgment sustaining in part the Commissioner of Internal Revenue's notice of deficiency for withholding tax...

US v. Miller

Criminal Law & Procedure, Evidence, Tax Law, White Collar Crime
Defendant's tax evasion conviction and sentence are affirmed where: 1) the district court did not abuse its discretion in excluding evidence regarding...

Shaikh v. Holder

Administrative Law, Immigration Law
In a petition for review of the BIA's decision affirming an Immigration Judge/s decision denying petitioner's application for withholding of removal,...

Dealer Computer Servs. Inc. v. Old Colony Motors Inc.

Civil Procedure, Contracts, Dispute Resolution & Arbitration
In an action under 9 U.S.C. section 4 to compel defendant to pay a deposit in the underlying arbitration between the parties, an order requiring...

Martco Ltd. Pshp. v. Wellons Inc.

Contracts, Insurance Law
In an action against an insurer seeking coverage for an underlying lawsuit regarding defects in a heating system installed by plaintiff, summary...

US v. Daniels

Criminal Law & Procedure, Sentencing
Defendant's marijuana possession sentence is affirmed where, notwithstanding its procedural dismissal based on deferred adjudication, defendant's...

US v. Daniels

Criminal Law & Procedure, Sentencing
Denial of defendant's petition under 28 U.S.C. section 2255 for relief from his marijuana possession sentence is affirmed where, notwithstanding its...