United States Fifth Circuit - June 2010 Opinion Summaries

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Description Date Docket #

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

United States Fifth Circuit
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...
06/25/2010 09-30499

Kemp v. Holder

United States Fifth Circuit
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...
06/25/2010 09-30255

Terry v. Hubert

United States Fifth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure
In an action brought by a former inmate detained (for about 7 months) following Hurricane Katrina alleging violations of plaintiff's First Amendment...
06/22/2010 09-30559

In re: Wilborn

United States Fifth Circuit
Bankruptcy Law, Civil Procedure, Class Actions
In an interlocutory appeal from a bankruptcy court's certification of a class action in an adversary proceeding, the order is vacated where a...
06/21/2010 09-20415

Balentine v. Thaler

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
In a capital habeas petitioner's appeal from a denial of his motion to set aside a judgment that a year earlier had denied him habeas relief, the...
06/21/2010 09-70026

US v. Velasquez-Torres

United States Fifth Circuit
Criminal Law & Procedure, Immigration Law, Sentencing
Defendant's sentence for illegal reentry by a deported alien is affirmed where, having admitted the fact of his deportation as stated in the...
06/21/2010 09-40646

US v. Davis

United States Fifth Circuit
Criminal Law & Procedure, Evidence, Sentencing
Defendant's murder conviction and the death sentence imposed on him pursuant to the Federal Death Penalty Act are affirmed where: 1) a jury could have...
06/17/2010 05-31111

Bailey v. Shell W. E&P Inc.

United States Fifth Circuit
Civil Procedure, Government Law, Oil and Gas Law, Property Law & Real Estate
In an action by Shell seeking a declaration regarding the proper calculation method for royalties on carbon dioxide in the McElmo Dome area, summary...
06/16/2010 08-20313

Lopez-Dubon v. Holder

United States Fifth Circuit
Administrative Law, Civil Procedure, Immigration Law
In a petition for review of the BIA's order denying petitioner's motion to reopen his case in order to seek adjustment of his immigration status, the...
06/16/2010 08-60478

Lyondell Chem. Co. v. Occidental Chem. Co.

United States Fifth Circuit
Environmental Law, Evidence
In "apportionment" actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 107 and "contribution" actions...
06/09/2010 08-40060