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

In the Matter of: Pac. Lumber Co., No. 08-40746

In a challenge to a confirmed Chapter 11 reorganization plan, the confirmation of the plan is affirmed in part where: 1) certain noteholders did not preserve their challenge to the plan's treatment of their secured claims; and 2) the plan did not create a substantive consolidation.  However, the order is reversed in part where: 1) the equitable mootness doctrine did not bar review of issues raised on appeal concerning the treatment of noteholders' secured claims, it did not bar re-evaluation of whether their administrative priority claim was correctly calculated, and it did not bar review of the plan's release clauses insulating multiple parties from liability; and 2) the bankruptcy court may have made a mathematical error and deprived noteholders of a post-petition administrative priority claim.

Read In the Matter of: Pac. Lumber Co., No. 08-40746

Appellate Information

Filed September 29, 2009

Judges

Opinion by Judge Jones

Indergard v. Georgia-Pacific Corp., No. 08-35278

In an action claiming that defendant-employer violated the Americans with Disabilities Act (ADA) by terminating plaintiff based on her failure to pass a physical capacity evaluation, summary judgment for defendant is reversed where the district court erred in holding that the evaluation was not a medical examination within the meaning of 42 U.S.C. section 12112(d)(4)(A).

Read Indergard v. Georgia-Pacific Corp., No. 08-35278

Appellate Information

Filed September 28, 2009

Judges

Opinion by Judge Garwood

Rabo Agrifinance Inc. v. Terra XXI Ltd., No. 08-10143

In an action seeking to foreclose on plaintiff's security interests in loan collateral, district court's order allowing the foreclosure is affirmed where: 1) collateral estoppel precluded defendants from raising the statute of limitations; 2) plaintiff would be prejudiced by a subrogation that would allow one defendant to compete on an equal or superior footing for the secured interest in the irrigation equipment at issue; and 3) plaintiff was entitled to attorney's fees under the debt contracts between the parties.

Read Rabo Agrifinance Inc. v. Terra XXI Ltd., No. 08-10143

Appellate Information

Filed September 22, 2009

Judges

Opinion by Judge Jones

Mushtaq v. Holder, No. 08-60277

In a petition for review of the BIA's denial of petitioner's application for a section 212(k) waiver of removal, the petition is denied where the BIA correctly imputed petitioner's parents' knowledge of their inadmissibility to her.

Read Mushtaq v. Holder, No. 08-60277

Appellate Information

Filed September 23, 2009

Judges

Opinion by Judge Smith

US v. Cortez, No. 08-41219

Defendant's sentence for being an alien unlawfully found in the U.S. following removal is vacated where the district court improperly failed to allow defendant to allocute before imposing the sentence.

Read US v. Cortez, No. 08-41219

Appellate Information

Filed September 10, 2009

Judges

Opinion by Judge Prado

US v. Clark, No. 08-10461

Defendant's conviction for importation of an alien for prostitution in violation of 18 U.S.C. section 1328 is affirmed where: 1) the overbreadth doctrine was applicable only to First Amendment challenges, and section 1328 did not even arguably implicate First Amendment rights; 2) section 1328 did not reach a substantial amount of constitutionally protected conduct; 3) the statute was not vague as applied to defendant's conduct; and 4) the jury instructions did not leave the jury with unfettered discretion to convict based on its own views of sexual morality.

Read US v. Clark, No. 08-10461

Appellate Information

Filed September 10, 2009

Judges

Opinion by Judge Smith

US v. Taylor, No. 08-60581

Defendant's sentence for fraud in obtaining disaster relief assistance is affirmed where: 1) any error resulting from recalculation of the loss to FEMA caused by defendant's offenses did not affect defendant's substantial rights, and therefore was harmless; 2) the district court's order of restitution and forfeiture against defendant would not result in double recovery to the government; and 3) the district court did not err in not offsetting defendant's restitution obligation by the amount he was required to forfeit.

Read US v. Taylor, No. 08-60581

Appellate Information

Filed September 8, 2009

Judges

Per Curiam

Jones v. Halliburton Co., No. 08-20380

In an interlocutory appeal from the district court's partial refusal to compel arbitration of a personal injury action, the order is affirmed where: 1) it was not contradictory for plaintiff to receive workers' compensation under a standard that allows recovery solely because her employment created the "zone of special danger" which led to her injuries, yet claim, in the context of arbitration, that the allegations the district court deemed non-arbitrable did not have a "significant relationship" to her employment contract; 2) simply living in employer-provided housing does not mean an injury occurring in that housing necessarily arises "out of and in the course of employment"; and 3) there was evidence that defendant did not consider the barracks in which the injury occurred to be a "workplace".

Read Jones v. Halliburton Co., No. 08-20380

Appellate Information

Filed September 15, 2009

Judges

Opinion by Judge Barksdale

Holland v. Anderson, No. 06-70034

In a capital habeas matter, the denial of petitioner's petition is affirmed where, although petitioner had the constitutional right to introduce evidence of the circumstances of his capital murder for the resentencing jury to consider as mitigation, the evidence petitioner sought to introduce was not evidence of the circumstances of his capital crime.

Read Holland v. Anderson, No. 06-70034

Appellate Information

Filed September 18, 2009

Judges

Opinion by Judge Prado