U.S. Fifth Circuit tag:blogs.findlaw.com,2009-03-31:/fifth_circuit/35 2009-07-03T00:09:02Z The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog Movable Type Enterprise 4.24-en Tate v. Bolen, No. 08-60953 tag:blogs.findlaw.com,2009:/fifth_circuit//35.2198 2009-07-01T00:04:45Z 2009-07-03T00:09:02Z The dismissal of Debtors' bankruptcy petition for abuse is reversed, where Debtors should have been allowed to deduct a transportation ownership deduction under the plain language of 11 U.S.C. section 707(b), even though they had no loan or lease payment... Chris Edgar The dismissal of Debtors' bankruptcy petition for abuse is reversed, where Debtors should have been allowed to deduct a transportation ownership deduction under the plain language of 11 U.S.C. section 707(b), even though they had no loan or lease payment on their vehicle.

Read Tate v. Bolen, No. 08-60953

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Davis

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]]> Lee v. Ks. City S. Railway Co., No. 08-30444 tag:blogs.findlaw.com,2009:/fifth_circuit//35.2197 2009-07-01T00:02:30Z 2009-07-01T00:02:30Z In a Title VII action claiming racially discriminatory termination, summary judgment for Defendant is affirmed in part, where Plaintiff offered only speculative inferences to support his assertion that Defendant knew about Plaintiff's prior EEOC complaints; but reversed in part, where... Chris Edgar In a Title VII action claiming racially discriminatory termination, summary judgment for Defendant is affirmed in part, where Plaintiff offered only speculative inferences to support his assertion that Defendant knew about Plaintiff's prior EEOC complaints; but reversed in part, where Plaintiff was similarly situated with a white employee who was not terminated.

Read Lee v. Ks. City S. Railway Co., No. 08-30444

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Wiener

]]> US v. Jang, No. 08-10616 tag:blogs.findlaw.com,2009:/fifth_circuit//35.2196 2009-06-30T23:59:59Z 2009-07-01T16:31:19Z The revocation of Defendant's supervised release, based on his violation of a condition of his release by providing misleading answers to questions posed by a Korean consulate, is affirmed where the District Court could reasonably have concluded that Defendant made... Chris Edgar The revocation of Defendant's supervised release, based on his violation of a condition of his release by providing misleading answers to questions posed by a Korean consulate, is affirmed where the District Court could reasonably have concluded that Defendant made the statements with the intent to hinder his departure.

Read US v. Jang, No. 08-10616

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Haynes

]]> Young v. Memorial Hermann Hosp. Sys., No. 06-20709 tag:blogs.findlaw.com,2009:/fifth_circuit//35.2140 2009-06-29T23:18:35Z 2009-06-29T23:21:50Z In a negligence action against a hospital for allegedly improper treatment of a stroke, summary judgment for Defendants is affirmed where Plaintiffs failed to present reliable evidence that it was more likely than not that the patient would have been... Chris Edgar In a negligence action against a hospital for allegedly improper treatment of a stroke, summary judgment for Defendants is affirmed where Plaintiffs failed to present reliable evidence that it was more likely than not that the patient would have been among those who materially benefit from the administration of a certain drug rather than those who receive the therapy and do not benefit.

Read Young v. Memorial Hermann Hosp. Sys., No. 06-20709

Appellate Information

Filed June 29, 2009

Judges

Per Curiam

]]> Propes v. Quarterman, No. 07-40833 tag:blogs.findlaw.com,2009:/fifth_circuit//35.2096 2009-06-26T21:45:58Z 2009-06-26T22:12:46Z In a murder prosecution, the dismissal of Petitioner's habeas petition is affirmed where, when Petitioner challenged his state court conviction, he filed a successive petition that would be barred under the Antiterrorism and Effective Death Penalty Act absent some principle... Chris Edgar In a murder prosecution, the dismissal of Petitioner's habeas petition is affirmed where, when Petitioner challenged his state court conviction, he filed a successive petition that would be barred under the Antiterrorism and Effective Death Penalty Act absent some principle allowing removal of the bar.

Read Propes v. Quarterman, No. 07-40833

Appellate Information

Filed June 26, 2009

Judges

Opinion by Judge Southwick

]]> Dutka v. AIG Life Ins. Co., No. 08-20515 tag:blogs.findlaw.com,2009:/fifth_circuit//35.2065 2009-06-25T23:58:07Z 2009-06-26T00:09:11Z In an ERISA action to recover accidental death insurance relating to an airplane crash, summary judgment for Defendant-Insurer is affirmed, where the plan administrator did not abuse its discretion in finding that the crash was caused by the pilot's intoxication.... Chris Edgar In an ERISA action to recover accidental death insurance relating to an airplane crash, summary judgment for Defendant-Insurer is affirmed, where the plan administrator did not abuse its discretion in finding that the crash was caused by the pilot's intoxication.

Read Dutka v. AIG Life Ins. Co., No. 08-20515

Appellate Information

Filed June 25, 2009

Judges

Opinion by Judge Higginbotham

]]> US v. Dison, No. 08-30786 tag:blogs.findlaw.com,2009:/fifth_circuit//35.1982 2009-06-23T23:50:37Z 2009-06-24T00:19:16Z Defendant's sentence for failing to surrender for sentencing is affirmed where the District Court properly imposed a sentencing enhancement pursuant to 18 U.S.C. section 3147 and section 3C1.3 of the Guidelines for committing an offense while on release. Read US... Chris Edgar Defendant's sentence for failing to surrender for sentencing is affirmed where the District Court properly imposed a sentencing enhancement pursuant to 18 U.S.C. section 3147 and section 3C1.3 of the Guidelines for committing an offense while on release.

Read US v. Dison, No. 08-30786

Appellate Information

Appeal from the United States District Court for the Western District of Louisiana
Filed June 23, 2009

Judges

Before WIENER, DENNIS, and CLEMENT, Circuit Judges.

Opinion by Judge Wiener

]]> US v. Doublin, No. 08-30775 tag:blogs.findlaw.com,2009:/fifth_circuit//35.1931 2009-06-22T23:56:34Z 2009-06-23T00:05:48Z Defendant's drug distribution sentence is affirmed where, in a sentence reduction proceeding under 18 U.S.C. section 3582(c)(2), the sentence cannot be reduced below the minimum advisory sentence in the Sentencing Guidelines. Read US v. Doublin, No. 08-30775 Appellate Information Filed... Chris Edgar Defendant's drug distribution sentence is affirmed where, in a sentence reduction proceeding under 18 U.S.C. section 3582(c)(2), the sentence cannot be reduced below the minimum advisory sentence in the Sentencing Guidelines.

Read US v. Doublin, No. 08-30775

Appellate Information

Filed on June 22, 2009

Judges

Barksdale, Dennis and Elrod, Circuit Judges

Per Curiam

]]> Alaska Elec. Pension Fund v. Flowserve Corp., No. 07-11303 tag:blogs.findlaw.com,2009:/fifth_circuit//35.1924 2009-06-22T22:56:49Z 2009-06-23T00:04:30Z In a securities fraud class action, the District Court's denial of class certification and grant of Defendants' summary judgment motion are reversed where: 1) the District Court conducted its Fed. R. Civ. P. 23 hearing under an erroneous legal standard... Chris Edgar In a securities fraud class action, the District Court's denial of class certification and grant of Defendants' summary judgment motion are reversed where: 1) the District Court conducted its Fed. R. Civ. P. 23 hearing under an erroneous legal standard for proving loss causation; and 2) a reasonable trier of fact could conclude that one of Defendant's alleged misstatements regarding its earnings caused some portion of Plaintiff's loss after the "relevant truth" began to leak out.

Read Alaska Elec. Pension Fund v. Flowserve Corp., No. 07-11303

Appellate Information

Filed:  June 19, 2009

Judges

Before O'Connor, Associate Justice (Ret.), and Wiener and Stewart, Circuit Judges

Per Curiam

]]> US v. Brown, No. 08-20038 tag:blogs.findlaw.com,2009:/fifth_circuit//35.1822 2009-06-17T23:41:00Z 2009-06-17T23:44:00Z In a wire fraud prosecution, the District Court's denial of Defendants' motion to dismiss the indictment on double jeopardy grounds is affirmed, where the Court of Appeals' earlier reversal of the verdict was premised narrowly and solely on the failure... Andrew Zangrilli In a wire fraud prosecution, the District Court's denial of Defendants' motion to dismiss the indictment on double jeopardy grounds is affirmed, where the Court of Appeals' earlier reversal of the verdict was premised narrowly and solely on the failure of the honest services charge against Defendants, and did not preclude other theories.

Read the full decision in US v. Brown, No. 08-20038.

Appellate Information:

Appeal from the United States District Court for the Southern District of Texas
Filed on June 17, 2009

Judges:

Before REAVLEY, WIENER, and SOUTHWICK, Circuit Judges.
Opinion by REAVLEY, Circuit Judge.

]]> US v. Armendariz-Moreno, No. 07-40225 tag:blogs.findlaw.com,2009:/fifth_circuit//35.1815 2009-06-17T21:16:15Z 2009-06-17T21:20:33Z Defendant's sentence is vacated, where Defendant's prior state offense of unauthorized use of a motor vehicle was not a "crime of violence" under the Armed Career Criminal Act, because the generic crime of violence or aggravated felony must itself involve... Andrew Zangrilli Defendant's sentence is vacated, where Defendant's prior state offense of unauthorized use of a motor vehicle was not a "crime of violence" under the Armed Career Criminal Act, because the generic crime of violence or aggravated felony must itself involve purposeful, violent and aggressive conduct.

Read the full decision in US v. Armendariz-Moreno, No. 07-40225.

Appellate Information:

Appeal from the United States District Court for the Southern District of Texas
USDC No. 1:06-CR-1029-ALL
ON REMAND FROM THE SUPREME COURT
Filed on June 15, 2009

Judges:

Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
Opinion by PER CURIAM.

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