Monthly Archives: September 2008

9/26/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 26, 2008:

Mahaffey v. General Security Insurance Co. (Reavley, Stewart, Owen, JJ.; per curiam opinion) (appeal from M.D. La.). Reversing summary judgment and rendering. The district court issued summary judgment in favor of one insurer, finding other insurer […]

9/25/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 25, 2008:

U.S. v. Cardenas-Cardenas (Jolly, Benavides, Haynes, JJ.; per curiam opinion) (appeal from S.D. Tex.). Affirming sentence of defendant for unlawful reentry after deportation. The district court imposed a sixteen-level enhancement to the defendant’s offense level, finding […]

9/24/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 24, 2008:

Johnson v. Cenac Towing, Inc. (Jones, C.J., Garwood, Jolly, JJ.; opinion by Jones, C.J.) (appeal from E.D. La.). Vacating in part and remanding, and affirming in part rulings of district court regarding plaintiff’s Jones Act claims. […]

9/23/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 23, 2008:

Mesa v. Prejean (Higginbotham, Stewart, Southwick, JJ.; opinion by Southwick, J.) (appeal from W.D. La.). Affirming in part and reversing in part summary judgment in favor of police officer on qualified immunity grounds. Plaintiffs […]

9/22/08 Opinions - US 5th Cir.

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

Gutierrez v. Flores (Barksdale, Benavides, Dennis, JJ.; opinion by Benavides, J.) (appeal from S.D. Tex.). Vacating district court’s summary judgment and remanding to district court with orders to remand the matter to state court. […]

9/23/08 Opinion - La. S. Ct.

The following opinion was released by the Louisiana Supreme Court on September 23, 2008:

Meyer & Associates, Inc. v. Coushatta Tribe of Louisiana (opinion by Traylor, J.; Victory, J., concurring in result; Calogero, C.J., concurring and assigning additional reasons; Kimball, J., dissenting, joined by Johnson, J.; Weimer, J., dissenting). Reversing ruling of court of appeal […]

9/19/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 19, 2008:

Blanton v. Quarterman (King, Higginbotham, Garza, JJ., opinion by Garza, J.) (appeal from W.D. Tex.). Affirming district court’s denial of habeas relief on capital petitioner’s claims of ineffective assistance of counsel in preparation and presentation […]

9/18/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 18, 2008:

U.S. v. Klein (Smith, Wiener, Haynes, JJ.; opinion by Smith, J.) (appeal from S.D. Tex.). Affirming convictions of doctor defendant on multiple counts of mail fraud and healthcare fraud, but vacating sentence and restitution order […]

9/17/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 17, 2008:

U.S. v. Pillado-Chaparro (Davis, Garza, Prado, JJ.; per curiam opinion) (appeal from M.D. La.). Affirming defendant’s sentence for illegal reentry. In sentencing the defendant, the district court applied a sixteen-level enhancement for a prior […]

9/16/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 16, 2008:

U.S. v. Porter (Smith, Wiener, Haynes, JJ.; opinion by Wiener, J.) (appeal from N.D. Tex.). Affirming conviction of defendant on counts of conspiring to make and pass counterfeit obligations. The Fifth Circuit held that the […]