U.S. Fifth Circuit tag:blogs.findlaw.com,2009-03-31:/fifth_circuit/35 2009-11-06T00:43:59Z The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog Movable Type Enterprise 4.24-en Solana v. GSF Dev. Driller I, No. 06-30930 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5533 2009-11-06T00:43:59Z 2009-11-06T00:43:59Z In an admiralty action for a percentage of the salvage value of a drilling unit, summary judgment for defendant is reversed where the record did not support the district court's conclusion that, as a matter of law, the parties agreed... Chris Edgar In an admiralty action for a percentage of the salvage value of a drilling unit, summary judgment for defendant is reversed where the record did not support the district court's conclusion that, as a matter of law, the parties agreed that the plaintiffs would be compensated in the same manner that they had previously been compensated by defendant.

Read Solana v. GSF Dev. Driller I, No. 06-30930

Appellate Information

Filed October 29, 2009

Judges

Opinion by Judge Owen

]]> US v. Garza, No. 08-41197 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5416 2009-11-02T16:55:41Z 2009-11-02T16:55:41Z Defendant's conviction and sentence for transporting illegal aliens are affirmed where: 1) the district court did not abuse its discretion in applying a reckless endangerment enhancement; 2) defendant presented no evidence to suggest that the "financial gain" aspect of 18... Chris Edgar Defendant's conviction and sentence for transporting illegal aliens are affirmed where: 1) the district court did not abuse its discretion in applying a reckless endangerment enhancement; 2) defendant presented no evidence to suggest that the "financial gain" aspect of 18 U.S.C. section 1324(a)(1)(B)(ii) erroneously informed the district court's decision; and 3) defendant's sentence would not have been affected by a reduction based on smuggling aliens other than for profit.

Read US v. Garza, No. 08-41197

Appellate Information

Filed October 30, 2009

Judges

Per Curiam

]]> Groover v. Scottsdale Ins. Co., No. 08-31051 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5414 2009-11-02T16:52:32Z 2009-11-02T16:52:32Z In a wrongful death action based on a construction accident, summary judgment for defendants is affirmed where plaintiff's remedy was limited to workers' compensation under Louisiana law. Read Groover v. Scottsdale Ins. Co., No. 08-31051 Appellate Information Filed October 30,... Chris Edgar In a wrongful death action based on a construction accident, summary judgment for defendants is affirmed where plaintiff's remedy was limited to workers' compensation under Louisiana law.

Read Groover v. Scottsdale Ins. Co., No. 08-31051

Appellate Information

Filed October 30, 2009

Judges

Opinion by Judge Engelhardt

]]> Jebaco Inc. v. Harrah's Operating Co., No. 08-30289 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5413 2009-11-02T16:49:23Z 2009-11-02T16:49:23Z In an action alleging that certain casino companies violated the Sherman Act by dividing the Louisiana casino market and by monopolizing, attempting to monopolize, and conspiring to monopolize that market, judgment on the pleadings for defendants is affirmed where plaintiff... Chris Edgar In an action alleging that certain casino companies violated the Sherman Act by dividing the Louisiana casino market and by monopolizing, attempting to monopolize, and conspiring to monopolize that market, judgment on the pleadings for defendants is affirmed where plaintiff allegedly suffered injury only as a would-be competitor, and thus failed to allege antitrust injury.

Read Jebaco Inc. v. Harrah's Operating Co., No. 08-30289

Appellate Information

Filed October 30, 2009

Judges

Opinion by Judge Jones

]]> Adair v. Lease Partners, Inc., No. 08-60674 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5384 2009-10-30T14:06:19Z 2009-10-30T14:06:19Z In an appeal from an order remanding the case to state court in an action in which the FDIC had been a party but was subsequently dismissed, the order is reversed where the district court had no authority to remand... Chris Edgar In an appeal from an order remanding the case to state court in an action in which the FDIC had been a party but was subsequently dismissed, the order is reversed where the district court had no authority to remand the case because 12 U.S.C. section 1819(b)(2) continued to provide original jurisdiction over all claims in the case, even after the FDIC's dismissal.

Read Adair v. Lease Partners, Inc., No. 08-60674

Appellate Information

Filed October 28, 2009

Judges

Opinion by Judge Reavley

]]> US v. Allen, No. 08-11041 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5383 2009-10-30T14:03:45Z 2009-10-30T14:03:45Z Defendants' criminal contempt convictions are affirmed where: 1) the record did not indicate that the trial judge failed to consider the recusal standard under 28 U.S.C. section 455(a) in denying defendants' motion to recuse; 2) the district court's instruction to... Chris Edgar Defendants' criminal contempt convictions are affirmed where: 1) the record did not indicate that the trial judge failed to consider the recusal standard under 28 U.S.C. section 455(a) in denying defendants' motion to recuse; 2) the district court's instruction to the government to prosecute defendants for criminal contempt did not indicate prejudgment of the case; and 3) a district court's statements on the evidence at sentencing may not be considered as an accurate reflection of the district court's view of the evidence during trial.

Read US v. Allen, No. 08-11041

Appellate Information

Filed October 28, 2009

Judges

Per Curiam

]]> Villafranca v. US, No. 08-10920 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5382 2009-10-30T14:01:59Z 2009-10-30T14:07:38Z In a Federal Tort Claims Act (FTCA) action against the U.S. alleging that federal agents used excessive force against plaintiff, judgment for defendants is affirmed where: 1) because agents' actions were privileged under Texas law, those actions did not constitute... Chris Edgar In a Federal Tort Claims Act (FTCA) action against the U.S. alleging that federal agents used excessive force against plaintiff, judgment for defendants is affirmed where: 1) because agents' actions were privileged under Texas law, those actions did not constitute an assault for which the U.S. would be liable under the FTCA; and 2) the district court's finding that the agents' alleged negligence was not the proximate cause of plaintiff's injuries was not clearly erroneous.

Read Villafranca v. US, No. 08-10920

Appellate Information

Filed October 28, 2009

Judges

Opinion by Judge King

]]> In the Matter of: Proeducation Int'l. Inc., No. 08-20398 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5381 2009-10-30T13:53:59Z 2009-10-30T13:53:59Z In an appeal from the district court's affirmance of the bankruptcy court's order disqualifying counsel for a creditor, the order is reversed where: 1) the bankruptcy court should have considered counsel's evidence of his lack of involvement with the debtor... Chris Edgar In an appeal from the district court's affirmance of the bankruptcy court's order disqualifying counsel for a creditor, the order is reversed where: 1) the bankruptcy court should have considered counsel's evidence of his lack of involvement with the debtor while at his prior law firm in making its decision; and 2) counsel presented sufficient evidence to demonstrate that he did not operate under a conflict of interest when he undertook the representation of creditor.

Read In the Matter of: Proeducation Int'l. Inc., No. 08-20398

Appellate Information

Filed October 30, 2009

Judges

Opinion by Judge King

]]> Handley v. Chapman, No. 09-10061 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5380 2009-10-30T13:48:22Z 2009-10-30T13:48:22Z In a firearm possession prosecution, dismissal of a habeas petition is vacated and judgment for respondents is entered on the merits, where the Bureau of Prisons' regulation categorically excluding early-release eligibility for inmates convicted of firearm possession was not arbitrary... Chris Edgar In a firearm possession prosecution, dismissal of a habeas petition is vacated and judgment for respondents is entered on the merits, where the Bureau of Prisons' regulation categorically excluding early-release eligibility for inmates convicted of firearm possession was not arbitrary and capricious because it was justified by public safety concerns.

Read Handley v. Chapman, No. 09-10061

Appellate Information

Filed October 29, 2009

Judges

Opinion by Judge Smith

]]> US v. Menchaca-Castruita, No. 08-40403 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5379 2009-10-30T13:45:57Z 2009-10-30T13:45:57Z Defendant's drug conspiracy conviction is vacated where no exigent circumstances existed to justify the police's failure to obtain a warrant to search defendant's residence, and thus, the district court erred in denying defendant's motion to suppress. Read US v. Menchaca-Castruita,... Chris Edgar Defendant's drug conspiracy conviction is vacated where no exigent circumstances existed to justify the police's failure to obtain a warrant to search defendant's residence, and thus, the district court erred in denying defendant's motion to suppress.

Read US v. Menchaca-Castruita, No. 08-40403

Appellate Information

Filed October 29, 2009

Judges

Opinion by Judge Wiener

]]> US v. Caldwell, No. 08-50804 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5244 2009-10-28T22:27:24Z 2009-10-28T22:27:24Z Defendant's child pornography conviction is affirmed where: 1) the trial court did not abuse its discretion when it showed the jury three short excerpts from three of the seventeen different videos at issue; 2) the district court did not err... Chris Edgar Defendant's child pornography conviction is affirmed where: 1) the trial court did not abuse its discretion when it showed the jury three short excerpts from three of the seventeen different videos at issue; 2) the district court did not err in allowing the jury to see the brief excerpt of the non-child pornography video found downloading as the search of defendant's home occurred; and 3) an employee of the company that designed the file-sharing software used by defendant did not give improper expert testimony.

Read US v. Caldwell, No. 08-50804

Appellate Information

Filed October 26, 2009

Judges

Opinion by Judge Garwood

]]> US v. Rangel-Portillo, No. 08-40803 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5243 2009-10-28T22:25:08Z 2009-10-28T22:25:08Z Defendant's conviction for transporting undocumented aliens is vacated where the district court erred in denying defendant's motion to suppress evidence obtained as the result of an unconstitutional stop by a United States Border Patrol agent. Read US v. Rangel-Portillo, No.... Chris Edgar Defendant's conviction for transporting undocumented aliens is vacated where the district court erred in denying defendant's motion to suppress evidence obtained as the result of an unconstitutional stop by a United States Border Patrol agent.

Read US v. Rangel-Portillo, No. 08-40803

Appellate Information

Filed October 26, 2009

Judges

Opinion by Judge Benavides

]]> Lefevre v. Cain, No. 08-31233 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5242 2009-10-28T22:17:40Z 2009-10-28T22:17:40Z In habeas proceedings regarding petitioner's robbery conviction, grant of the petition is reversed where petitioner's shackling during trial did not violate his right to self-representation because he waived that right by failing to object to his counsel's actions on his... Chris Edgar In habeas proceedings regarding petitioner's robbery conviction, grant of the petition is reversed where petitioner's shackling during trial did not violate his right to self-representation because he waived that right by failing to object to his counsel's actions on his behalf.

Read Lefevre v. Cain, No. 08-31233

Appellate Information

Filed October 26, 2009

Judges

Opinion by Judge Owen

]]> Becker v. Tidewater Inc., No. 08-30183 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5241 2009-10-28T22:15:04Z 2009-10-28T22:15:04Z In an action based on injuries sustained by plaintiff on an oil rig owned by one defendant and operated by another defendant, the district court's judgment holding the operator 55% liable for plaintiff's injuries and the owner 45% liable is... Chris Edgar In an action based on injuries sustained by plaintiff on an oil rig owned by one defendant and operated by another defendant, the district court's judgment holding the operator 55% liable for plaintiff's injuries and the owner 45% liable is affirmed in part where: 1) the reciprocal indemnity agreement between defendants obligated the operator to indemnify the owner for plaintiff's injuries; and 2) the district court did not clearly err in determining that the owner was not the superseding cause of the incident.  However, the judgment is reversed in part where: 1) the operator's negligence in failing to properly warn employees how to operate certain machinery on the boat should not have been characterized by the district court as time-charterer negligence; and 2) the parties' agreement only entitled the owner to attorney's fees incurred in defending the underlying tort action. (Superseding opinion)

Read Becker v. Tidewater Inc., No. 08-30183

Appellate Information

Filed October 26, 2009

Judges

Opinion by Judge Benavides

]]> Hill v. Carroll Cty., No. 08-60516 tag:blogs.findlaw.com,2009:/fifth_circuit//35.5240 2009-10-28T22:02:28Z 2009-10-28T22:02:28Z In a 42 U.S.C. section 1983 action arising out of plaintiff's daughter's death while she was being driven to jail, summary judgment for defendants is affirmed where defendant-officers' use of a four-point restraint did not itself amount to a constitutional... Chris Edgar In a 42 U.S.C. section 1983 action arising out of plaintiff's daughter's death while she was being driven to jail, summary judgment for defendants is affirmed where defendant-officers' use of a four-point restraint did not itself amount to a constitutional violation.

Read Hill v. Carroll Cty., No. 08-60516

Appellate Information

Filed October 28, 2009

Judges

Opinion by Judge Jones

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