The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 4, 2008:

• Connors v. Graves (Higginbotham, Smith, Haynes, JJ.; opinion by Haynes, J.) (appeal from M.D. La.). Affirming summary judgment against plaintiff in § 1983 lawsuit brought against law enforcement defendants for excessive force and unlawful seizure. The district court issued summary judgment in favor of the defendants on the basis of qualified immunity. The Fifth Circuit affirmed on alternative grounds, holding that the plaintiff’s claims were barred under Heck v. Humphrey, 512 U.S. 477 (1994), because success on the plaintiff’s claims would necessarily impugn the underlying state criminal convictions of the plaintiff, which arose from the same facts.
• Gore Design Completions Ltd. v. Hartford Fire Insurance Co. (Jolly, Higginbotham, Haynes, JJ.; opinion by Haynes, J.) (appeal from W.D. Tex.). Reversing summary judgment in favor of insurer and remanding for further proceedings. The district court entered summary judgment in favor of insurer on basis that Statement of Claim did not assert a covered claim under the CGL policy. Applying Texas’s “eight corners” rule, the Fifth Circuit held that the insurer did have a duty to defend triggered by the Statement of Claim, and declined to find applicable exclusions for “care, custody or control,” “your work,” and professional services.