The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 22, 2008:
United National Ins. Co. v. Motiva Enterprises L.L.C. (Jones, C.J., Benavides, Stewart, JJ.; opinion by Jones, C.J.) (amending opinion of August 15, 2007, upon consideration of petition for rehearing). Contractor’s workers were injured while engaged […]
The following opinion was released by the Louisiana Supreme Court on April 18, 2008:
Bellard v. American Central Ins. Co., et al. (Weimer, J., opinion for the Court; Calogero, C.J., concurring and assigning reasons; Victory, J., concurring in part and dissenting in part; Traylor, J., concurring in part and dissenting in part; Knoll, J., concurring in […]
The debate on climate litigation and the standing issues involved, which I alluded to in last week’s “Virtual CLE” post, is beginning to move mainstream. On Slate.com’s Convictions blawg yesterday, Eric Posner and Adam White traded posts on the issue of standing in climate litigation. Look for my still-forthcoming post on the political […]
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on April 17, 2008:Regan v. Starcraft Marine, LLC (King, DeMoss, Southwick, JJ.; opinion by Southwick, J.; DeMoss, J., specially concurring) (revised from opinion released April 10, 2008). Reversing district court’s dismissal of boat manufacturer’s third-party demand against United […]
The following opinions were released by the U.S. Supreme Court on April 16, 2008:
Baze v. Rees (7-2 opinion upholding constitutionality of lethal injection; Roberts, C.J., plurality opinion, joined by Kennedy, Alito, JJ.; concurring opinion by Alito, J.; concurring opinion by Stevens, J.; concurring opinion by Scalia, J., joined by Thomas, J.; concurring opinion by Thomas, […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 16, 2008:
Madison Materials Co. v. St. Paul Fire & Marine Ins. Co. (Jones, Wiener, Clement, JJ.; opinion by Wiener, J.) (revised from opinion released on April 2, 2008). Affirming summary judgment of district court in favor […]
The U.S. Supreme Court released the following opinions on April 15, 2008:
Meadwestvaco Corp. v. Illinois Department of Revenue (Alito, J., for unanimous Court; Thomas, J., concurring). Commerce and Due Process Clause case regarding apportioned taxation of multistate enterprise’s intrastate and extrastate activities that form “unitary business,” on writ of certiorari to Appellate Court of […]
The following two opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 14, 2008:
U.S. v. City of Houston (Jones, Reavley, Smith, JJ.; opinion by Smith, J.; Jones, J., concurring in part and dissenting in part). Affirming district court’s grant of motions of dismissal and for summary judgment in […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 11, 2008:
Advocare Int’l LP v. Horizon Laboratories, Inc. (Higginbotham, Davis, Smith, JJ.; opinion by Higginbotham, J.). Affirming district court’s award of summary judgment in favor of insurer in claims by insured manufacturer of ephedra-containing dietary supplements, […]
4/15/08 Opinions - US 5th Cir.
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 15, 2008:
U.S. v. Edelkind (Reavley, Smith, Dennis, JJ.; opinion by Dennis, J.). Affirming conviction of defendant for willful failure to pay child support for child in another state, holding (1) that criminal non-support is continuing conduct, […]