Monthly Archives: June 2008

6/27/08 Opinions - US 5th Cir.

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

ITT Educational Services, Inc. v. Arce (Higginbotham, Benavides, Dennis, JJ.; opinion by Benavides, J.). Affirming injunctive relief granted pursuant to suit to enforce confidentiality agreement to prevent dissemination of arbitrator’s findings to third parties. […]

Appellate law is for the dogs

Just a quick post to share this story about a Texas appellate court decision that has resulted in an order to return a Kenner, Louisiana family’s pet to Louisiana from a Texas family that had adopted it. The dog and its Louisiana family were separated during the Hurricane Katrina aftermath. Attempts to regain […]

6/26/08 Opinions - US Supreme Ct.

The following opinions, the last of the 2007-08 Court Term, were released by the U.S. Supreme Court on June 26, 2008:

Davis v. Federal Election Commission (Opinion of the Court by Alito, J., joined by Roberts, C.J., Scalia, Kennedy, Thomas, JJ., and joined as to Part II by Stevens, Souter, Ginsburg, Breyer, JJ.; opinion concurring in […]

6/25/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 25, 2008:

Butler v. Cain (Davis, Southwick, Clark, JJ.; opinion by Southwick, J.). The petitioner did not file for direct appeal of his conviction for second-degree murder timely, but the Louisiana Supreme Court subsequently considered (and denied) […]

5th Cir. En Banc Op. - Moore v. Quarterman

The U.S. Court of Appeals for the Fifth Circuit released its en banc opinion today in Moore v. Quarterman. The seventeen-judge en banc panel issued a per curiam opinion (Jones, C.J., King, Jolly, Davis, Smith, Wiener, Barksdale, Garza, Benavides, Stewart, Dennis, Clement, Prado, Owen, Elrod, Southwick, Haynes, JJ.). The Court held that, regardless […]

6/25/08 Opinions - US Supreme Ct.

The following opinions were released by the U.S. Supreme Court on June 25, 2008:

Exxon Shipping Co. v. Baker (Opinion of the Court by Souter, J., joined by Roberts, C.J., Scalia, Kennedy, Thomas, JJ., and by Stevens, Ginsburg, Breyer, JJ., as to Parts I, II, and III; concurring opinion by Scalia, J., joined by Thomas, J.; […]

6/24/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 24, 2008:

Samnorwood Independent School District v. Texas Education Agency (Garwood, Garza, Benavides, JJ.; opinion by Garwood, J.). Reversing and rendering with regard to the application of a modified thirty-six-year-old desegregation order to cover two school districts […]

6/23/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 23, 2008:

U.S. v. Looney (Reavley, Jolly, Garza, JJ.; per curiam opinion). Husband and wife defendants were convicted for offenses related to firearm possession and methamphetamine trafficking, and each sentenced to 548 months’ imprisonment. In affirming […]

6/23/08 Opinions - US Supreme Ct.

The following opinions were released by the U.S. Supreme Court on June 23, 2008:

Rothgery v. Gillespie County, Texas (Opinion of the Court by Souter, J., joined by Roberts, C.J., Stevens, Scalia, Kennedy, Ginsburg, Breyer, Alito, JJ.; concurring opinion by Roberts, C.J., joined by Scalia, J.; concurring opinion by Alito, J., joined by Roberts, C.J., Scalia, […]

RIP Hon. Revius Ortique

Yesterday, June 22, 2008, the Honorable Revius Ortique Jr. died from complications of a stroke suffered earlier this month. Justice Ortique was a civil rights pioneer in Louisiana, practicing law in New Orleans beginning in 1956, becoming the first African-American judge and later chief judge of the Civil District Court in Orleans Parish, then […]