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  • Comer v. Scott

    Publication Date: 2010-07-08
    Practice Area:
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    Date Filed: 2010-07-02
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 09-50401

    Published opinionBefore BENAVIDES, STEWART, and SOUTHWICK, Circuit Judges.In the present case, this Court is presented with the question of whether the Texas Education Agency's ("TEA") neutralit

  • United States ex rel Steury v. Cardinal Health, Inc.

    Publication Date: 2010-11-01
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    Date Filed: 2010-11-01
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 09-20718

    Published opinionBefore DEMOSS, BENAVIDES, and ELROD, Circuit Judges.Relator Leslie Steury, on behalf of the United States, claims that defendants Cardinal Health, Inc., Cardinal Health 303 I

  • Jeter v. Astrue

    Publication Date: 2010-10-06
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    Date Filed: 2010-09-30
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 09-30452

    Published opinionWe are presented with the question of whether district courts may employ the lodestar method to determine whether an attorney fee constitutes a "windfall" under Gisbrecht v. Barnha

  • Gray v. Epps

    Publication Date: 2010-08-25
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    Date Filed: 2010-08-18
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 09-70021

    Published OpinionBefore JOLLY, BENAVIDES, and HAYNES, Circuit Judges.Petitioner Rodney Gray ("Gray"), convicted of capital murder in Mississippi and sentenced to death, appeals the district cour

  • VRV Development LP v. Mid-Continent Casualty Co.

    Publication Date: 2011-01-11
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    Date Filed: 2011-01-07
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge:
    Attorneys: For plaintiff:
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    Case Number: 10-10123

    United States Court of Appeals Fifth CircuitLyle W. Cayce ClerkBefore REAVLEY, BENAVIDES, and CLEMENT, Circuit Judges.This case arises from defendant Mid-Continent Casualty Co.'s refusal t

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    Pennsylvania Commonwealth Court Rules 2024

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  • U.S. Commodity Futures Trading Commission v. Dizona

    Publication Date: 2010-01-19
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    Date Filed: 2010-01-14
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge
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    Case Number: 08-20418

    Before REAVLEY, DAVIS, and BENAVIDES, Circuit Judges.This civil appeal stems from a suit alleging violations of the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq. (2002). The United States

  • Craven v. Director, Office of Workers Compensation Programs

    Publication Date: 2010-04-30
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    Date Filed: 2010-04-27
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 09-60361

    Published opinionPetition for Review of an Order of the United States Department of Labor.Before BENAVIDES, STEWART, and SOUTHWICK, Circuit Judges.Petitioner-appellant Kenneth E. Craven appea

  • Ecuadorian v. Chevron Corp.

    Publication Date: 2010-09-10
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    Date Filed: 2010-09-08
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 10-20389

    Before GARZA and BENAVIDES, Circuit Judges, and CRONE*fn1, District Judge.A group of Ecuadorian citizens (the "plaintiffs") who have sued Chevron Corporation in Ec

  • Becker v. Tidewater Inc.

    Publication Date: 2009-09-01
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    Date Filed: 2009-08-28
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 08-30183

    Before JONES, Chief Judge, WIENER, and BENAVIDES, Circuit Judges.This is an appeal from a trial stemming from injuries sustained by Plaintiff-Appellant Seth Becker ("Seth") while he was aboard an o

  • United States v. Jasso

    Publication Date: 2009-11-11
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    Date Filed: 2009-11-09
    Court: 5th Cir.
    Judge: Fortunato P. Benavides, Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 08-10453

    Before KING, DAVIS, and BENAVIDES, Circuit Judges.The defendant-appellant appeals his sentence, arguing that the district court erred in assigning him two additional criminal history points, pursua