September 3, 2008 – 7:24 am
The Louisiana Supreme Court has officially extended its Gustav-related closure through the end of this week, and will reopen on Monday, September 8. By court rule, all filings due during the closure-period will now fall due five days following the period of closure.
The U.S. Court of Appeals for the Fifth Circuit has officially extended […]
September 2, 2008 – 8:52 am
Just a quick note from my own evacuation site in Montgomery, Alabama, following the passage of Hurricane Gustav:
The U.S. Court of Appeals for the Fifth Circuit is officially closed September 2 & 3 (oral arguments for this week have been moved to Texas courthouses), and all filings due between September 1 and 5 have been […]
August 30, 2008 – 2:40 pm
The following published opinion was released by the U.S. Court of Appeals by the Fifth Circuit on August 29, 2008:
U.S. v. Salazar (Higginbotham, Davis, Barksdale, JJ.; opinion by Barksdale, J.) (appeal from E.D. Tex.). Affirming conviction and sentence for witness tampering offense. The Fifth Circuit affirmed the conviction against the defendant’s sufficiency challenge, […]
August 30, 2008 – 2:28 pm
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on August 28, 2008:
In the Matter of: SI Restructuring, Inc. (Davis, Southwick, Clark, JJ.; opinion by Davis, J.) (appeal from W.D. Tex.). Vacating order of district court affirming bankruptcy court order to disburse reserve fund. The Fifth […]
August 28, 2008 – 9:36 am
As residents of the central Gulf Coast keep a watchful eye on Hurricane Gustav, Tropical Storm Hannah takes her place in line in the Atlantic storm season, and the eve of the third anniversary of Hurricane Katrina dawns, the New Orleans Times-Picayune has printed an analysis showing that, while plaintiffs in suits against insurers in […]
August 28, 2008 – 9:06 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 26, 2008:
Jenkens & Gilchrist APC v. Groia & Co. (Jones, C.J., Davis, Garza, JJ.; opinion by Garza, J.) (appeal from S.D. Tex.). Affirming in part and vacating in part district court’s denial of Rule 60(b) motion […]
Posted in The Bartlett Blawg, U.S. 5th Circuit
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Tagged automatic stay, bankruptcy, confrontation clause, criminal, default judgment, excessive force, Fed. R. Civ. P. 60(b), Fourth Amendment, marital privilege, qualified immunity, sentencing, Sentencing Guidelines
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August 26, 2008 – 7:26 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 25, 2008:
Columbia Casualty Co. v. Georgia & Florida Railnet, Inc. (King, Higginbotham, Southwick, JJ.; opinion by Southwick, J.) (appeal from N.D. Tex.). Affirming district court’s decision after bench trial on a declaratory judgment action that railroad […]
Posted in The Bartlett Blawg, U.S. 5th Circuit
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Tagged declaratory judgment, deference to factfinder, Hurricane Katrina, insurance coverage, Limitation Act, pollution exclusion, ripeness, Tax Court, Texas Insurance Code, Wreck Act
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August 25, 2008 – 7:12 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 22, 2008:
Mapes v. Bishop (King, Higginbotham, Garza, JJ.; per curiam opinion) (appeal from M.D. La.) (sua sponte recalling mandate, withdrawing prior panel opinion, and issuing new panel opinion). One year following his acquittal on charges of […]
August 22, 2008 – 7:53 am
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on August 21, 2008:
Bolton v. City of Dallas (Jolly, Clement, Owen, JJ.; per curiam opinion) (appeal from N.D. Tex.). Affirming judgment of the district court that the city was not liable in this § 1983 action for the […]
August 22, 2008 – 7:36 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 19, 2008:
U.S. v. Duhon (Reavley, Garza, Benavides, JJ.; opinion by Benavides, J.) (appeal from W.D. La.) (on remand from U.S. Supreme Court). Affirming downward variance for sentence of sixty months’ probation on conviction on one count […]
