In In re Labatt Food Service, L.P., No. 07 – 0419, 2009 Tex. LEXIS 28 (February 13, 2009), the Texas Supreme Court answered the question of whether an arbritration provision in an employee’s contract required the employee’s family to arbitrate their wrongful death claims against the employer though none of them agreed to arbitration. The court held that […]
In United States v. Ruiz-Arriaga, No. 08 – 40242, the Fifth Circuit clarified its position regarding a trial court’s incorrect calculation of the Guidelines. Ruiz-Arriaga had pleaded guilty to attempting to illegally re-enter the United States and his Presentence Report recommended a sentence of 46 to 57 months. The report based its recommendation on a crime of violence […]
In United States v. Moody, No. 07 – 11222, the Fifth Circuit Court of Appeals considered the question of whether a prior conspiracy conviction may be used to enhance a subsequent conviction in the same conspiracy. The court said “yes, it can.” Derrick Woodward was convicted for distributing crack and objected to the court’s use of a prior conviction […]
