United States Fifth Circuit - December 2010 Opinion Summaries

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Description Date Docket #

US v. Rubio

United States Fifth Circuit
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...
12/31/2010 09-20589

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

United States Fifth Circuit
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...
12/30/2010 10-30043

US v. Bishop

United States Fifth Circuit
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...
12/30/2010 09-20750

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

United States Fifth Circuit
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...
12/29/2010 09-20551

Martin v. PepsiAmericas, Inc.

United States Fifth Circuit
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...
12/29/2010 09-60896

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

United States Fifth Circuit
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...
12/24/2010 09-20188

Tharpe v. Thaler

United States Fifth Circuit
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...
12/24/2010 09-10632

Rodriguez v. Christus Spohn Health Sys. Corp.

United States Fifth Circuit
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...
12/24/2010 10-40371

Dresser v. MEBA Med. & Benefits Plan

United States Fifth Circuit
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...
12/23/2010 10-30301

Kovacic v. Villarreal

United States Fifth Circuit
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...
12/17/2010 10-40208