U.S. Fifth Circuit: June 2009 Archives
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June 2009 Archives

Tate v. Bolen, No. 08-60953

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

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

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

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

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

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

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

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

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

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

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.