United States Fifth Circuit - January 2010 Opinion Summaries

Estate of Artall v. Comm'r. of Int'l. Rev.

Probate, Trusts & Estates, Tax Law
In the taxpayer's appeal from the tax court's approval of the IRS Commissioner's disallowance of a "qualified family-owned business interest" estate...

US v. Martinez-Rios

Criminal Law & Procedure, Evidence, Immigration Law
Defendant's conviction for illegally reentering the U.S. is affirmed where, although the district court erred in admitting a Certificate of...

Service Employees' Int'l. Union v. Houston

Civil Rights, Communications Law, Constitutional Law, Government Law, Labor & Employment Law
In an action by a union claiming that city ordinances, pursuant to which the city denied the union a permit to conduct a rally in support of a strike,...

US v. Carter

Criminal Law & Procedure, Sentencing
In defendant's appeal from a denial of his motion to reduce his drug and firearm possession sentence in response to a recent change to the federal...

Williams v. Henagan

Civil Procedure, Civil Rights, Constitutional Law
In an action by a prisoner alleging various constitutional deprivations during his confinement, summary judgment for defendants is affirmed where: 1)...

US v. Broadnax

Criminal Law & Procedure, Evidence, Sentencing
Defendant's conviction for being a felon in possession of a firearm is affirmed where: 1) no constructive amendment of the indictment occurred because...

Siesta Village Mkt. LLC v. Steen

Constitutional Law
In a dormant Commerce Clause challenge to a Texas law allowing alcohol retailers to ship to the door of their local consumers, partial summary...

US v. Phipps

Constitutional Law, Criminal Law & Procedure, Tax Law
Defendant's tax fraud conviction is affirmed where: 1) a rational jury could find that a fax sent by a participant in defendant's investment program...

Chaney v. Dreyfus Serv. Corp.

Banking Law, Injury & Tort Law
In a tort and civil RICO action against an investment company through which a third party funneled certain insurance companies' funds before moving...

Libertarian Party v. Dardenne

Civil Procedure, Constitutional Law, Elections, Government Law
In an action seeking to declare unconstitutional the Louisiana Secretary of State's deadline for submitting qualifying papers entitling candidates to...