2004 Fifth Circuit U.S. Court of Appeals Case Law

Christy Mccarthy, by and Through Her Next Friend Jamie Travis; Todd Gordon, by and Through His Next Friend Trisha Gordon; Allison Pratt, by and Through Her Next Friend Paula Pratt; Gail Truman, by and Through Her Next Friend Ken Truman; Jim Floyd, Jr., by and Through His Next Friend Jim Floyd, Sr.; Sam Lindsay, by and Through His Next Friend Betty Lindsay; Oshea Brooks; Joe Ray Comacho; Micha Chastain, by and Through His Next Friend Lori Chastain; Al, by and Through His Next Friend Ll; Arc of Texas, on Behalf of Its Members and for Those Similarly Situated; Sue Ann Ortiz; Patrick Sostack, by and Through Their Parents and Next Friends Gary and Lisa Sostack; Shyan Forough, by and Through His Parents and Next Friends Reza and Arzu Forough; David Zweifel, by and Through His Parents and Next Friends Linda and Leroy Zweifel; Ashton Bowlen, by and Through Her Mother and Next Friend Patricia Bowlen; Tyler Blanchard, by and Through Hismother and Next Friend Faith Blanchard; Garrett Gillard, by and Through His Mother and Next Friend Keeya Gillard; Kameron Lane, by and Through His Mother and Next Friend Angie Lane; Madison Polk, by and Through Her Father and Next Friend John Polk; Paige Smith, by and Through Her Mother and Next Friend Gretta Smith, Plaintiffs-appellees, v. Albert Hawkins, Etc.; et al., Defendants,albert Hawkins, in His Official Capacity As Commissioner of the Texas Health and Human Services Commission; Karen F. Hale, in Her Official Capacity As Commissioner of the Texas Department of Mental Health & Mental Retardation; James R. Hine, in His Official Capacity As Commissioner of the Texas Department of Human Services, Defendants-appellants
Date: November 19, 2004
Citation: 391 F.3d 676

No. 03-21208
Date: October 7, 2004
Citation: 388 F.3d 147

Bert A. Robinson, on Behalf of Themselves and All Others Similarly Situated; Mary Luman, on Behalf of Themselves and All Others Similarly Situated; Toyia Urbaniak, on Behalf of Themselves and All Others Similarly Situated; Kirk T. Garner, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-appellees, v. Texas Automobile Dealers Association; et al., Defendants,texas Automobile Dealers Association; Allison Chevrolet, Doing Business As Allison Chevrolet Oldsmobile; Bass Chevrolet, Doing Business As Peters Chevrolet; Mike Pile Autoplex, Doing Business As Mike Pile Jeep-eagle; Alford Chevrolet-geo; et al.; Plains Chevrolet, Inc., Doing Business As High Plains Auto Center; Westgate Chevrolet, Doing Business As Westgate Kia, Doing Business As Ray Jones Chevrolet; W.o. Bankston Lincoln-mercury, Inc., Doing Business As W.o. Bankston Lincoln-mercury Saab, Inc.; W.o. Bankston Nissan; Bankston Nissan in Irving, Inc.; et al.; Gene Messer Cadillac; Gene Messerimports; Gene Messer Ford, Inc., Doing Business As Gene Messer Kia, Doing Business As Credit Connection, Doing Business As Ford Esp. Sw Reg. Proc. Ctr., Doing Business As Gene Messer Volkswagen; Gene Messer Ford of Amarillo, Inc., Doing Business As Gene Messer Cadillac, Doing Business As Gene Messer Jeep/eagle; Foyt Motors, Inc., Doing Business As A.j. Foyt Honda; Smc Luxury Cars, Inc., Doing Business As Sterling Mccall Lexus; Southwest Toyota, Inc.; Rodeo Chrysler-plymouth, Inc., Doing Business As Rodeo Dodge, Doing Business As Village Chrysler-plymouth; Mike Smith Autoplaza, Doing Business As Mike Smith Honda, Doing Business As Mike Smith Mitsubishi, Doing Business As Mike Smith Jeep/eagle; Town North Imports, Doing Business As Town North Mitsubishi; Town North Nissan; Town North Suzuki, Defendants-appellants
Date: October 5, 2004
Citation: 387 F.3d 416

Christy Mccarthy, by and Through Her Next Friend Jamie Travis; Todd Gordon, by and Through His Next Friend Trisha Gordon; Allison Pratt, by and Through Her Next Friend Paula Pratt; Gail Truman, by and Through Her Next Friend Ken Truman; Jim Floyd, Jr., by and Through His Next Friend Jim Floyd, Sr.; Sam Lindsay, by and Through His Next Friend Betty Lindsay; Oshea Brooks; Joe Ray Comacho; Micha Chastain, by and Through His Next Friend Lori Chastain; A.l., by and Through His Next Friend L.l.; Arc of Texas, on Behalf of Its Members and for Those Similarly Situated; Sue Ann Ortiz; Patrick Sostack, by and Through Their Parents and Next Friends Gary and Lisa Sostack; Scott Sostack, by and Through Their Parents and Next Friends Gary and Lisa Sostack; Shyan Forough, by and Through His Parents and Next Friends Reza and Arzu Forough; David Zweifel, by and Through His Parents and Next Friends Linda and Leroy Zweifel; Ashton Bowlen, by and Through Her Mother and Next Friend Patricia Bowlen; Tyler Blanchard, by and Through His Mother and Next Friend Faith Blanchard; Garrett Gillard, by and Through His Mother and Next Friend Keeya Gillard; Kameron Lane, by and Through His Mother and Next Friend Angie Lane; Madison Polk, by and Through Her Father and Next Friend John Polk; Paige Smith, by and Through Her Mother and Next Friend Gretta Smith, Plaintiffs-appellees, v. Albert Hawkins, Etc.; et al., Defendants,albert Hawkins, in His Official Capacity As Commissioner of the Texas Health and Human Services Commission; Karen F. Hale, in Her Official Capacity As Commissioner of the Texas Department of Mental Health & Mental Retardation; James R. Hine, in His Official Capacity As Commissioner of the Texas Department of Human Services, Defendants-appellants
Date: August 11, 2004
Citation: 381 F.3d 407

No. 03-61067 Summary Calendar
Date: August 4, 2004
Citation: 378 F.3d 495

General Universal Systems, Inc.; World Trade Systems, Inc., Plaintiffs-appellants,jose S. Lopez; Plaintiff-intervenor Defendant-appellant,eli Nassar, Third Party Defendant-appellant, v. Larry Mason Lee; Larry Mason Lee & Associates, Intervenor Plaintiffs-appellees, v. Hal, Inc.; et al., Defendants,hal, Inc.; Joe R. Herrin; Ernest Allen Parkin, Defendants-third Party Plaintiffs-appellees,panalpina, Inc.; Fritz Companies, Inc.; U.S. Crating, Inc.; Transworld Logistics, Inc., Defendants-appellees.general Universal Systems, Inc., Plaintiff-appellant, v. Boaz Export Crating Company; Cargo Crating Company; Dixie Box and Crating of Texas, Inc., Defendants-appellees.general Universal Systems, Inc.; World Trade Systems, Inc.; Jose S. Lopez, Plaintiffs-counter Defendants-appellants, v. Hal, Inc.; Joe R. Herrin; Ernest Allen Parkin, Defendants-counter Claimants-third Party Plaintiffs-appellees, v. Eli Nassar, Third Party Defendant-appellant.general Universal Systems, Inc., Plaintiff-appellant, v. Boaz Export Crating Company; Cargo Crating Company; Dixie Box and Crating of Texas, Inc., Defendants-appellees.general Universal Systems, Inc.; World Trade Systems, Inc.; Jose S. Lopez, Plaintiffs-appellants,eli Nassar, Third Party Defendant-appellant, v. Hal, Inc.; et al., Defendants,hal, Inc.; Jose R. Herrin; Ernest Allen Parkin, Defendants-third Party Plaintiffs-appellees,panalpina, Inc.; Fritz Companies, Inc.; U.S. Crating, Inc.; Transworld Logistics, Inc., Defendant-appellee.general Universal Systems, Inc.; World Trade Systems, Inc., Plaintiffs-appellants,jose S. Lopez, Plaintiff-intervenor Defendant-appellant,eli Nassar, Third Party Defendant-appellant, v. Hal, Inc.; et al., Defendants,hal, Inc.; Joe R. Herrin; Ernest Allen Parkin, Defendants-third Party Plaintiffs-appellees,panalpina, Inc.; Fritz Companies, Inc.; U.S. Crating, Inc.; Transworld Logistics, Inc., Defendants-appellees
Date: July 20, 2004
Citation: 379 F.3d 131

Jeneva Frazar, Etc. et al., Plaintiffs,linda Frew, As Next Friend of Her Minor Child Carla Frew; Maria Ayala, As Next Friend of Her Minor Children, Christopher Arizola, Leonard Jimenez and Joseph Veliz; Mary Fisher, As Next Friend of Her Minor Child, Tyrone T. Edwards; Mary Jane Garza, As Next Friend of Her Minor Children, Hilary Garza and Sarah Renea Garza, Plaintiffs-appellees, v. Albert Hawkins, Etc., et al., Albert Hawkins, Commissioner of the Texas Health and Human Services Commission in His Official Capacity; Linda Wertz, Texas State Medicaid Director; Bridgett Cook, Employee of Texas Department of Health in Official Capacity; Susan Penfield, M.d., Employee of the Texas Department of Health in Official Capacity; Eduardo Sanchez, M.d., Texas Commissioner of Health, Defendants-appellants. Jeneva Frazar, Etc. et al., Plaintiffs, Linda Frew, As Next Friend of Her Minor Child Carla Frew; Carla Frew; Maria Ayala, As Next Friend of Her Minor Children, Christopher Arizola, Leonard Jimenez and Joseph Veliz; Mary Fisher, As Next Friend of Her Minor Child, Tyrone T. Edwards; Mary Jane Garza, As Next Friend of Her Minor Children, Hilary Garza and Sarah Renea Garza, Charlotte Garvin, As Next Friend of Her Minor Children Johnny Martinez, Brooklyn Garvin and Breanna Garvin; Shannon Garcia, As Next Friend of Her Minor Children Andrew Garcia, Marisha Garcia, Stephen Sanchez and Allison Sanchez, Plaintiffs-appellees, v. Richard Ladd, Etc., et al.,linda Wertz, Texas State Medicaid Director; Bridgett Cook, Employee of Texas Department of Health in Official Capacity; Susan Penfield, M.d., Employee of the Texas Department of Health in Official Capacity; Albert Hawkins, Commissioner of the Texas Health and Human Services; Eduardo Sanchez, M.d., Texas Commissioner of Health, Defendants-appellants
Date: July 2, 2004
Citation: 376 F.3d 444

In Re Volkswagen Ag; Volkswagen of America, Inc., Petitioners
Date: May 18, 2004
Citation: 371 F.3d 201

William R. Freeman, Individually and on Behalf of All Others Similarly Situated; Carlos Patterson, Class Representative Individually and on Behalf of All Others Similarly Situated; Sidney Montgomery, Individually and on Behalf of All Others Similarly Situated; Elisello De La'o, Individually and on Behalf of All Others Similarly Situated; Travis Smith, Individually and on Behalf of All Others Similarly Situated; Michael Cuevas, Individually and on Behalf of All Others Similarly Situated; Ray Mason, Individually and on Behalf of All Others Similarly Situated; David F. Vela, Individually and on Behalf of All Others Similarly Situated; Oscar Fortz, Individually and on Behalf of All Others Similarly Situated; De'shona Williams, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-appellants, v. Texas Department of Criminal Justice; Texas Department of Criminal Justice, Institutional Division; Wayne Scott, Texas Department of Criminal Justice Executive Director; Gary L. Johnson, Texas Department of Criminal Justice, Institutional Division Director; Jerry Groom, Texas Department of Criminal Justice, Former Administrator of Chaplaincy Program; T.j. Medart, Texas Department of Criminal Justice, Institutional Division Former Warden, Price Daniel Unit; Richard Lopez, Texas Department of Criminal Justice, Institutional Division Administrator of Chaplaincy Program; David Sweeten, Texas Department of Criminal Justice, Institutional Division Former Assistant Warden, Price Daniel Unit; Wayne Horton, Texas Department of Criminal Justice, Institutional Division Former Chaplain, Price Daniel Unit; Keith Price, Texas Department of Criminal Justice, Institutional Division Warden, Bill Clements Unit; Roy Murphy, Texas Department of Criminal Justice, Institutional Division Chaplain, Bill Clements Unit; J.d. Smith, Defendants-appellees
Date: May 7, 2004
Citation: 369 F.3d 854

In the Matter Of: Monumental Life Insurance Company, Industrial Life Insurance Litigation.mattie Bratcher, et al., Plaintiffs,mattie Bratcher; John Bratcher; Caroline Brown, on Behalf of Herself and All Others Similarly Situated; Mary Sue Truesdale; Maxine Cash, on Behalf of Herself and All Others Similarly Situated; Mildred Buford, Also Known As Mildred Gamlin, on Behalf of Herself and All Others Similarly Situated, Plaintiffs-appellants, v. National Standard Life Insurance Company, et al., Defendants,monumental Life Insurance Company, Defendant-appellee.in the Matter Of: Unitrin, Inc., Industrial Life Insurance Litigation.rosie Lee Cothran, et al., Plaintiffs,elizabeth Walker, Plaintiff-appellant, v. Security Industrial Insurance Company, et al., Defendants,monumental Life Insurance Company, Defendant-appellee.in the Matter Of: American National Insurance Company, Industrial Life Insurance Litigation.rose Mary Roach, on Behalf of Herself and All Others Similarly Situated, Plaintiff-appellant, v. American National Insurance Company, Defendant-appellee.in the Matter Of: Western & Southern Life Insurance Co., Industrial Life Insurance Litigation.joseph Bell, Etc., et al., Plaintiffs,joseph Bell, Individually and on Behalf of Others Similarly Situated; Willa Ellis, Doctor; Thelma Walker Oatis, on Behalf of Themselves and All Others Similarly Situated; Alma Hyde, Plaintiffs-appellants, v. Western & Southern Life Insurance Company, Defendant-appellee
Date: April 2, 2004
Citation: 365 F.3d 408

Air Liquide America Corporation; Egp Fuels Company; Equilon Pipeline Company, Llc; Exxon Pipeline Company; Florida Gas Transmission Company; Houston Pipe Line Co.; Hsc Pipeline Partnership Lp; Mobil Chemical Company, an Unincorporated Division of Mobil Oil Corporation; Mobil Pipeline Company; Seadrift Pipeline Corporation; Te Products Pipeline Company Limited Partnership; Texas Eastern Transmission Corp.; Ucar Pipeline Incorporated; Chevron Chemical Co.; Chevron Pipeline Co.; Dynegy Midstream Services; Teppco Crude Oil Llc, Plaintiffs-counter Defendants-appellees-cross-appellants,duke Energy Transport and Trading Company, Plaintiff-counter Defendant-appellee,air Products Incorporated; Air Products Manufacturing Corporation; Black Marlin Pipeline Company; Tejas Ship Channel Llc; Tejas South Pipeline Partnership, Intervenor Plaintiffs-appellees-cross-appellants, v. U.S. Army Corps of Engineers, Defendant-counter Claimant-appellant-cross-appellee,port of Houston Authority of Harris County, Texas, Movant-appellant-cross-appellee.air Liquide America Corporation; Egp Fuels Company; Equilon Pipeline Company Llc; Exxon Pipeline Co.; Florida Gas Transmission Company; Houston Pipe Line Co.; Hsc Pipeline Partnership Lp; Mobil Chemical Company, an Unincorporated Divisionof Mobil Oil Corporation; Mobil Pipeline Company; Seadrift Pipeline Corporation; Te Products Pipeline Company Limited Partnership; Texas Eastern Transmission Corp.; Ucar Pipeline Inc., Plaintiffs-appellees-cross-appellants,duke Energy Transport and Trading Company, Plaintiff-appellee, v. Port of Houston Authority of Harris County, Texas, Defendant-appellant-cross-appellee
Date: January 30, 2004
Citation: 359 F.3d 358

No. 03-50005
Date: January 9, 2004
Citation: 355 F.3d 381