The following published opinion were released by the U.S. Court of Appeals for the Fifth Circuit on July 16, 2008:
Baker v. Canadian National/Illinois Central Railroad (Higginbotham, Smith, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Miss.). Affirming judgment on jury verdict in favor of defendant railroad company on suit brought by driver of […]
By Tad Bartlett
|
Posted in The Bartlett Blawg, U.S. 5th Circuit
|
Tagged adjustment of status, Apprendi, Brady, economic loss doctrine, Energy Occupational Illness Compensation Program Act, Estelle, expert witness testimony, Fifth Amendment, habeas corpus, immigration, maritime, proximate cause, Railway Labor Act, removal, Roadway Worker Protection Rules, self-incrimination
|
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 15, 2008:
Texas Clinical Labs Inc. v. Leavitt (Jones, Wiener, Clement, JJ.; opinion by Wiener, J.) (appeal from N.D. Tex.). Reversing and remanding in part, and affirming in part, district court’s dismissal of action brought by Texas […]
By Tad Bartlett
|
Posted in The Bartlett Blawg, U.S. 5th Circuit
|
Tagged Apprendi, capacity, corporations, criminal, Due Process, duty to warn, longshoreman, marijuana, photospread, Sixth Amendment, Speedy Trial, statute of limitations, turnover duty
|
My attention has been drawn to an interesting project started by Tulsa, Oklahoma, attorney Brad Smith. Brad has set up a legal wiki reference source project - LegalWikiPro.com. Those of you familiar with wikis, such as wikipedia.org, will get a sense of what this is about. The idea is to generate, through […]
Following its first batch of published opinions released on July 14, 2008, the U.S. Court of Appeals for the Fifth Circuit released the following published opinion:
Kane v. National Union Fire Ins. Co. (King, Wiener, Elrod, JJ.; per curiam opinion) (appeal from E.D. La.). Reversing and remanding summary judgment in favor of defendants, in which […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 14, 2008:
Indian Harbor Ins. Co. v. Valley Forge Ins. Group (Jolly, Clement, Owen, JJ.; per curiam opinion) (appeal from S.D. Tex.). Affirming summary judgment of district court in dismissing claims by paving subcontractor’s insurer against auto […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 10, 2008:
Waltman v. Payne (Garwood, Dennis, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Miss.). Affirming district court’s dismissal in part, and vacating in part and dismissing without prejudice the claim of the owner of […]
By Tad Bartlett
|
Posted in The Bartlett Blawg, U.S. 5th Circuit
|
Tagged bankruptcy, delivery of policy, Due Process, Eleventh Amendment, Enron, Ex Parte Young, Fifth Amendment, FMLA, Fourteenth Amendment, Fourth Amendment, insurance coverage, intoxication exclusion, kenaf, life insurance, preemption, qualified immunity, related to jurisdiction, SLUSA, sovereign immunity, taking, § 1983
|
The Bartlett Law Firm has started to really heat up through June, and even more so into the first week of July. Many thanks are due to clients who have entrusted their appellate matters to me in the U.S. Fifth Circuit, U.S. Eleventh Circuit, and Louisiana Fifth and Third Circuits. I look forward […]
On July 7, 2008, the Louisiana Supreme Court released the following opinion on rehearing:
Sher v. Lafayette Insurance Co. (per curiam opinion; Traylor, Hightower, JJ., dissenting; Knoll, J., concurring in part and dissenting in part) (rehearing of original opinion released on April 8, 2008). In a rehearing opinion on this landmark Hurricane Katrina decision, the […]
The Louisiana Supreme Court has released an extensively revised and expanded Rule of Professional Conduct 7, affecting lawyer advertising, to go into effect on December 1, 2008. Check out the new rule here, and get prepared to act accordingly. Of course, reading through it, much of it seems to be a matter of […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 8, 2008:
Aryain v. Wal-Mart Stores Texas LP (Reavley, Jolly, Garza, JJ.; opinion by Garza, J.). Affirming in part, reversing in part, and vacating in part summary judgment in favor of defendant Wal-Mart on plaintiff’s claims of […]
By Tad Bartlett
|
Posted in The Bartlett Blawg, U.S. 5th Circuit
|
Tagged Anti-Injunction Act, bankruptcy, Chapter 11, constructive discharge, equitable mootness, retaliation, Rule 11, sanctions, sexual harassment, Title VII, vicarious liability, Younger abstention
|