The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 30, 2008:
U.S. v. Baker (Jolly, Clement, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Tex.). Vacating in part and affirming in part conviction on child pornography charges, and remanding for resentencing. The Fifth Circuit […]
Going solo has been a satisfying experience. Off the top, I will not lie - I do miss the fantastic support of the law firm environment, and the daily interchange with a smart and savvy cast of characters (although not too much, as I left my last firm on the best of terms and […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 29, 2008:
Indiana Electrical Workers’ Pension Trust Fund IBEW v. Shaw Group Inc. (Jones, C.J., Stewart, Clement, JJ.; opinion by Jones, C.J.) (appeal from E.D. La.). On interlocutory appeal, reversing district court’s denial of motion to dismiss […]
The following opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 28, 2008:
Richardson v. Quarterman (Jones, C.J., Garwood, Jolly, JJ.; opinion by Garwood, J.) (appeal from N.D. Tex.). Affirming denial of habeas relief to petitioner on argument that trial judge should have recused himself because the trial judge’s […]
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on July 25, 2008:
Nano-Proprietary, Inc. v. Canon, Inc. (Reavley, Benavides, Owen, JJ.; opinion by Benavides, J.) (appeal from W.D. Tex.). Affirming in part and reversing in part judgment in favor of plaintiff but awarding no damages to plaintiff […]
In reading through the July 23, 2008, release of published opinions by the U.S. Fifth Circuit, I am struck by the outcome of Poliner v. Texas Health Systems. Putting aside the merits of the decision, regarding immunity under the Health Care Quality Improvement Act, and just looking at the outcome, there is a $200 […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 23, 2008:
U.S. v. Plascencia (Reavley, Benavides, Owen, JJ.; opinion by Reavley, J.; dissent by Owen, J.) (appeal from N.D. Tex.). Affirming district court’s dismissal of defendant’s § 2255 petition on the basis that it was time-barred. […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 22, 2008:
In re: Repine (Reavley, Smith, Garza, JJ.; opinion by Garza, J.) (appeal from S.D. Tex.). Vacating in part and affirming in part district court’s affirmance of bankruptcy court decision awarding actual and punitive damages to […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 21, 2008:
U.S. v. Kimbrough (Reavley, Benavides, Owen, JJ.; opinion by Reavley, J.) (appeal from E.D. La.). Vacating the defendants’ sentences and remanding for resentencing. Defendants pled guilty to various obstruction of justice and accessory-after-the-fact charges […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 18, 2008:
Louisiana v. Allstate Insurance Co. (Stewart, Owen, Southwick, JJ.; opinion by Stewart, J.; dissent by Southwick, J.) (appeal from E.D. La.). Affirming district court’s denial of motion to remand class action to state court after […]