United States Fifth Circuit - June 2010 Opinion Summaries

White v. Thaler

Criminal Law & Procedure, Habeas Corpus
In a murder prosecution, a denial of petitioner's habeas petition is reversed where defense counsel rendered ineffective assistance by: (1) cross...

Ogunfuye v. Holder

Administrative Law, Immigration Law
In a petition for review of a final order of removal entered by the Board of Immigration Appeals (BIA), the petition is denied where: 1) because...

Rathborne Land Co. v. Ascent Engy., Inc.

Civil Procedure, Commercial Law, Contracts, Oil and Gas Law, Property Law & Real Estate, Remedies
In an action for breach of defendant's obligations to reasonably develop and explore a leased parcel of oil, gas, and mineral land, judgment for...

Kemp v. Holder

Civil Rights, Health Law, Labor & Employment Law
In an action for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act arising from the termination of plaintiff's...

Crescent Towing & Salvage Co. v. Chios Beauty MV

Admiralty, Injury & Tort Law, Remedies, Transportation
In an action for damages sustained when defendant's ship collided with plaintiffs' barges and tugboats during Hurricane Katrina, partial judgment for...

Hershey v. Engy. Transfer Ptnrs., L.P.

Oil and Gas Law, Securities Law
In a putative class action under the Commodities Exchange Act (CEA), alleging manipulation of natural gas futures and options prices, the dismissal of...

Bagby Elevator Co. v. Schindler Elevator Corp.

Commercial Law, Contracts, Evidence, Injury & Tort Law
In an action for tortious interference with contract, judgment for plaintiff is affirmed where: 1) under the court's highly deferential standard of...

Rice v. Astrue

Administrative Law, Attorney's Fees, Government Benefits, Government Law
In plaintiff's appeal from the district court's order requiring her attorney to remit a portion of her Equal Access to Justice Act (EAJA) award if she...

Dale v. Holder

Administrative Law, Criminal Law & Procedure, Immigration Law
In a petition for review of a decision by the Board of Immigration Appeals (BIA) upholding petitioner's order of removal under 8 U.S.C. section...

Bailey v. Cain

Criminal Law & Procedure, Habeas Corpus
In a murder prosecution, petitioner's appeal of the denial of his habeas petition is dismissed and the denial of petitioner's Fed. R. Crim. P. 60...