UNITED STATES COURTS OF APPEAL

• Burnley v. City of San Antonio, ___ F.3d ___, 2006 WL 3247138 (5th Cir. Sept. 15, 2006) (dismissing appeal for want of jurisdiction and holding that time to perfect appeal began running prior to district court's approval of the form of the judgment and could not be extended under Fed. R. Civ. P. 58(c)(1))
• Lee v. City of San Antonio, 2006 WL 2041051 (5th Cir. July 18, 2006) (per curiam) (affirming summary judgment in favor of Defendant on basis of res judicata)
• Dotson v. City of San Antonio, 177 F. App'x 437 (5th Cir. 2006) (per curiam) (affirming summary judgment in favor of employer on claims of Title VII and section 1983 violations and holding that employee failed to raise genuine issue of material fact as to his different treatment from similarly-situated employees and failed to plead or offer proof of a violation of a municipal policy, practice, or custom)
• Sutton v. Dorman, 176 F. App'x 580 (5th Cir. 2006)(affirming trial court's refusal to remand state claim after dismissal of federal claim on which removal rested)
• Carson v. Higbee Co., 149 F. App'x 289 (5th Cir.2005) (per curiam) (reversing trial court's denial of motion to compel arbitration and holding that employee's continued employment constituted assent to arbitration, rejecting procedural and substantive unconscionability attacks on the arbitration agreement, and finding fraudulent inducement claim waived)
• Marino v. Dillard’s, Inc., 413 F.3d 530 (5th Cir. 2005) (holding that Louisiana contract law does not require written acceptance of agreements to arbitrate under the FAA and reaffirming that arbitration documents were not ambiguous).
• May v. Higbee Co., 372 F.3d 757 (5th Cir. 2004) (rejecting jurisdictional challenge to court’s authority to review interlocutory denial of motion to compel arbitration and holding, under Mississippi law, that continued employment could constitute assent to an arbitration agreement and parol evidence would not be considered to alter its terms)
• Milam v. City of San Antonio, 2004 WL 2469572 (5th Cir. 2004) (evidence did not support a jury verdict finding that City’s policy-making authority   ratified the wrongful conduct of its officers under 42 U.S.C. § 1983)
• Bates v. Dow Agrosciences, LLC, 332 F.3d 323 (5th Cir. 2003), vacated and remanded, 544 U.S. 431, 125 S.Ct. 1788, 161 L.Ed.2d 687 (2005) (U. S. Supreme Court vacates 5th Circuit’s erroneous conclusion that provisions of Federal Insecticide, Fungicide and Rodenticide Act pre-empt certain state law tort remedies available to aggrieved consumers)
• In re R.H. Transport, Inc., 2003 WL 22709012, 80 Fed. Appx. 955 (5th Cir., Nov. 18, 2003) (reversing $2 million judgment and rendering a take-nothing judgment because district court’s implying a term of “reasonable miles” into a contract with a trucking company was clearly erroneous)
• Snow v. WRS Group, Inc., 73 Fed. Appx. 2 (5th Cir., July 17, 2003) (reversing district court’s issuance of anti-suit injunction against plaintiff because plaintiff had asserted a new cause of action in state court suit filed after defendant’s summary judgment based on limitations was granted)
• Estate of Moreno v. Dillard’s Inc., 45 Fed. Appx. 326 (5th Cir. 2002) (affirmed summary judgment based on absence of state action under 42 U.S.C. § 1983)
• Hughes v.Tobacco Institute, Inc., 278 F.3d 417 (5th Cir. 2001) (rejecting the majority of plaintiffs’ claims based upon the conclusion that the Texas Products Liability Act barred various claims premised on the harmful or addictive nature of cigarettes, and rejecting constitutional challenges to the Act)
• Wilson v.City of San Antonio, 273 F.3d 1099 (5th Cir. 2001) (table) (affirming summary judgment granted against plaintiff’s claims of race and sex discrimination)
• Johnson v. City of San Antonio, 273 F.3d 1094 (5th Cir. 2001) (table) (affirming summary judgment granted against plaintiff’s claims of racial discrimination, retaliation, and hostile work environment), cert. denied, 535 U.S. 905 (2002)
• Serna v. City of San Antonio, 244 F.3d 479 (5th Cir.) (reversing trial court’s judgment and rendering judgment in favor of the City, holding that plaintiff suffered no “adverse employment action” for purposes of First Amendment and Texas Whistleblower claims), cert. denied, 122 S. Ct. 347 (2001)
• Blow v. City of San Antonio, 236 F.3d 293 (5th Cir. 2001) (reversing summary judgment, over dissent of Justice Garza, finding existence of a fact issue on employee’s claim of race discrimination)
• Kaepa, Inc. v. Achilles Corp., 216 F.3d 1080 (5th Cir. 2000) (directed verdict on fraud cause of action affirmed)
• Rizzo v. Children’s World Learning Centers, Inc., 213 F.3d 20 (5th Cir.) (en banc court of appeals affirmed jury verdict in favor of ADA plaintiff), cert. denied, 531 U.S. 958 (2000)
• H.E. Butt Grocery Co. v. National Union Fire Insurance Co., 150 F.3d 526 (5th Cir. 1998) (affirming summary judgment for insurer because “occurrence” is not an ambiguous term and 2 independent acts of sexual abuse injuring 2 children are 2 occurrences)
• Knox v. Sandoz Pharmaceuticals Corp., 110 F.3d 793 (5th Cir. 1997), cert. denied, 522 U.S. 817 (1997) (affirming summary judgment for drug manufacturer premised on Daubert ruling which excluded expert opinion on causation)
• Brown v. Bryan County, Oklahoma, 67 F.3d 1174 (5th Cir. 1995) (evidence supported jury findings of excessive force, false imprisonment, and exemplary damages; therefore, county subject to municipal liability for sheriff’s single decision to hire deputy after inadequate background check), vacated and remanded, 520 U.S. 397 (1997)
• Thrift v. Hubbard, 44 F.3d 348 (5th Cir. 1995) (in order to pierce corporate veil, must show fraud and direct personal benefit in contract case; revolving credit note not usurious calculation of prejudgment interest; determination of ambiguity in contract)
• Mouille v. City of Live Oak, 977 F.2d 924 (5th Cir. 1992), cert. denied, 508 U.S. 951 (1993) (police officer’s display of weapon to quell boisterous onlookers during lawful arrest was not violative of Fourth Amendment; officer entitled to qualified immunity)
• Click v. Copeland, 970 F.2d 106 (5th Cir. 1992) (some evidence existed that sheriff’s non-demotional transfers of deputies who were competing for sheriff’s post ran afoul of deputies’ First Amendment rights; sheriff not entitled to qualified immunity)
• City Public Service Board v. General Electric Co., 947 F.2d 747 (5th Cir. 1991) (no evidence that repairs undertaken by G.E. were defective, overruling motion for rehearing)
• City Public Service Board v. General Electric Co., 935 F.2d 78 (5th Cir. 1991) (rejecting argument that failure to warn of need for repairs or replacement does not state a claim for breach of implied warranty to repair or modify in a good and workmanlike condition; federal courts of appeal must review state-law determinations of district courts de novo)
• Mouille v. City of Live Oak, 918 F.2d 548 (5th Cir. 1990) (no qualified immunity for police officer alleged to have displayed weapon in such manner as to constitute excessive force)
• Douglass v. Delta Air Lines, Inc., 897 F.2d 1336 (5th Cir. 1990) (plaintiffs seeking loss of inheritance not entitled to present value of defendant’s entire future estate, but only that portion of future estate traceable to defendant’s anticipated adroit management)
• Phillips v. Chas. Schreiner Bank, 894 F.2d 127 (5th Cir. 1990) (district court commits reversible error by issuing injunction without notice to adverse party; injunction my not issue unless movant posts security indemnifying opponent against financial loss)
• Trevino v. Yamaha Motor Corp., 882 F.2d 182 (5th Cir. 1989) (manufacturer is not responsible for design defect in golf cart when third party modifies cart for its own pecuniary gain)
• Gipson v. Rosenberg, 797 F.2d 224 (5th Cir. 1986) (state bar license does not convert lawyers’ business dealings into state action within meaning of civil rights statutes; court awards double costs and attorneys’ fees for frivolous appeal)
• Russell v. Millsap, 781 F.2d 381 (5th Cir. 1985) (prosecutors enjoy absolute immunity from claims for civil liability arising out of performance of their duties; states have authority to regulate massage parlors)
• Soden v. Freightliner Corp., 714 F.2d 498 (5th Cir. 1983) (evidence concerning prior claims admissible under certain circumstances and relevant to various issues in strict tort liability)

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