The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 29, 2008:
Patel v. Mukasey (Higginbotham, Benavides, Dennis, JJ.; opinion by Dennis, J.). Petitioner had been convicted for misprision of bank fraud, which was found by the IJ and the BIA to justify removal as an “aggravated […]
The following opinion was released by the U.S. Supreme Court on April 28, 2008:
Crawford v. Marion County Election Bd. (Opinion for the Court by Stevens, J., joined by Roberts, C.J., Kennedy, J.; concurring opinion by Scalia, J., joined by Thomas, Alito, JJ.; dissenting opinion by Souter, J., joined by Ginsburg, J.; dissenting opinion by Breyer, […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 25, 2008:
Kirschbaum v. Reliant Energy, Inc. (Jones, C.J., Stewart, Clement, JJ.; opinion by Jones, C.J.). Affirming district court’s grant of summary judgment in favor of defendants to ERISA class action brought by employee participant in defendants’ […]
Just a quick thought, and a query, prompted by an interesting post over at the Appellate Law & Practice blawg. In the AL&P post, S.COTUS opined disapprovingly that it was “amateur hour” at the First Circuit Court of Appeals because a Harvard 3L was preparing to deliver oral argument on a case that would set […]
The following additional published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 24, 2008:
Crocker v. National Union Fire Ins. Co. of Pittsburgh (Garwood, Higginbotham, Clement, JJ.; per curiam). In a separate Texas state court lawsuit, plaintiff received a $1,000,000.00 default judgment against an additional insured on a […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 24, 2008:
Ackermann v. Wyeth Pharmaceuticals (Jones, C.J., Wiener, Clement, JJ.; opinion by Jones, C.J.). On summary judgment, district court dismissed plaintiff’s claim that pharmaceutical company’s failure to provide a warning of drug-induced increased suicide risk in […]
The following additional published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 23, 2008:
Roark & Hardee LP v. City of Austin (King, DeMoss, Southwick, JJ.; opinion by King, J.) (revision of opinion released March 27, 2008). Pursuant to a successful ballot initiative, in 2005 the City of […]
The U.S. Court of Appeals for the Fifth Circuit has updated the available information for the May 22, 2008, en banc hearing, adding links to additional briefs in U.S. v. Gomez and In re: Volkswagen of America, Inc. The updated links can be found on this site’s En Banc Preview post. When briefing is completed in Moore v. […]
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on April 23, 2008:
Haynes v. Quarterman (Jolly, Dennis, Clement, JJ.; opinion by Dennis, J.). Granting habeas petitioner’s application for Certificate of Appealability (”COA”) as to Batson claims, but denying as to claims regarding ineffective assistance of counsel, exhaustion […]
The following opinion was released by the U.S. Supreme Court on April 23, 2008:
Virginia v. Moore (opinion for a unanimous court by Scalia, J.; concurring opinion by Ginsburg, J.). Police officers received a tip that the defendant was driving with a suspended license; subsequently, they arrested him and, pursuant to a search incident to […]