United States Fifth Circuit - December 2010 Opinion Summaries

US v. Rubio

Criminal Law & Procedure, Sentencing
Defendant's illegal reentry sentence is affirmed where defendant failed to satisfy his burden of proof in showing that his waiver of counsel was...

Crosby v. La. Health Serv. & Indemn. Co.

Civil Procedure, ERISA
In an Employee Retirement Income Security Act action to recover denied health care benefits, summary judgment for defendants is vacated where the...

US v. Bishop

Criminal Law & Procedure
Defendant's conviction for making a false statement in a tax return is affirmed where: 1) the trial court's core finding, moreover, that the...

Martin v. PepsiAmericas, Inc.

Labor & Employment Law
In an action for unpaid overtime wages allegedly due under the Fair Labor Standards Act, the dismissal of the action is reversed where setoffs in...

D.A. v. Houston Indep. Sch. Dist.

Administrative Law, Education Law
In an action claiming that defendant school district failed to provide special education services to plaintiff, summary judgment for defendants is...

Rodriguez v. Christus Spohn Health Sys. Corp.

Health Law, Injury & Tort Law
In an action alleging that, while receiving voluntary inpatient mental health treatment at defendant hospital, plaintiff was sexually assaulted by a...

Quality Infusion Care, Inc. v. Health Care Serv. Corp.

Contracts, Health Law, Insurance Law
In an action by a non-contracted healthcare provider to defendant health insurance policyholders, summary judgment for defendant is affirmed where...

Tharpe v. Thaler

Criminal Law & Procedure, Habeas Corpus
In a prosecution for possession with intent to distribute cocaine, the denial of petitioner's habeas petition is affirmed where, notwithstanding the...

Dresser v. MEBA Med. & Benefits Plan

Administrative Law, Civil Procedure
In an action challenging the National Transportation Safety Board's (NTSB) suspension of plaintiff as a licensed marine engineer based on his...

Kovacic v. Villarreal

Civil Procedure, Civil Rights
In an action under 42 U.S.C. section 1983 against City of Laredo police officers to recover damages for the death of plaintiff's decedent, the denial...