Monthly Archives: May 2008

5/29/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 29, 2003:

Keenan v. Donaldson Lufkin & Jenrette Inc. (King, DeMoss, Southwick, JJ.; opinion by Southwick, J.). The district court entered summary judgment in favor of the defendants on the plaintiff’s claims arising from an oral agreement […]

5/28/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 28, 2008:

Pinkerton v. Paige (Jones, C.J., Reavley, Smith, JJ.; per curiam opinion). Withdrawing prior opinion upon petition for panel rehearing and replacing with new opinion. Plaintiff brought suit against the Department of Education under the […]

5/27/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 27, 2008:

Gomez v. Quarterman (Davis, Smith, Dennis, JJ.; opinion by Smith, J.). Denying application for Certificate of Appealability. Petitioner is a Mexican citizen who confessed to the murder of three teenagers in Texas and was […]

5/27/08 Opinions - US Supreme Ct.

The following opinions were released by the U.S. Supreme Court on May 27, 2008:

Gomez-Perez v. Potter. Opinion of the Court by Alito, J., joined by Stevens, Kennedy, Souter, Ginsburg, Breyer, JJ.; dissenting opinion by Roberts, C.J., joined by Scalia, Thomas, JJ.; dissenting opinion by Thomas, J., joined by Scalia, J.. The plaintiff postal […]

5/23/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 23, 2008:
St. Paul Travelers Insurance Co. v. Century Asphalt Materials LLC (Higginbotham, Benavides, Dennis, JJ.; opinion by Dennis, J.). Contractor Technology (”contractor”) made payments for materials delivered by Century Asphalt (”supplier”) for contractor’s Texas public works […]

Ducking the VPL

In the Louisiana Supreme Court’s May 21, 2008, Landry opinion (see summary of and link to opinion here), which was the Court’s other big hurricane opinion that everyone had been waiting on, the Court successfully avoided the issue of whether Louisiana’s Valued Policy Law allows for full face-value recovery under a homeowner’s policy when the […]

5/22/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 22, 2008:

U.S. v. Gonzalez-Terrazas (Garza, Stewart, Owen, JJ.; opinion by Garza, J.; Owen, J., concurring). Granting petition for panel rehearing by the government, withdrawing original panel opinion (at 516 F.3d 357), and replacing with new opinion. […]

5th Cir. En Banc Sidebar

In my en banc “wrap-up” post, I summarize the arguments in the three cases argued today before the en banc U.S. Court of Appeals for the Fifth Circuit. Here, let me offer a few non-argument-related observations from this morning’s sitting:

 After you walk through security in the New Orleans Fifth Circuit courthouse, you notice a […]

5th Cir. En Banc Wrap-Up

This morning, the U.S. Court of Appeals for the Fifth Circuit held en banc arguments. As Chief Judge Edith Jones commented prior to the first argument, it was the first and only time the current crop of judicial clerks will witness en banc arguments; this was the first en banc sitting since May 15, […]

5/21/08 Opinions - La. Supreme Ct.

The following opinions were released by the Louisiana Supreme Court on May 21, 2008:

Burmaster v. Plaquemines Parish Government (Calogero, C.J.; dissenting opinions by Victory, Traylor, JJ.). The Court held that 2006 La. Act 545 — which purported to retroactively provide immunity to public entities for claims brought pursuant to La. Civil Code arts. 2317 […]