Author Archives: Tad Bartlett

Sept./Oct. Statistics and Observations

November 14, 2008 – 4:11 pm

It is time (OK, it is probably a little past time, but, thankfully, things have been a bit busy here at The Bartlett Law Firm) for a look back at statistics and observations regarding appellate and legal happenings affecting Louisiana and the U.S. Fifth Circuit in the months of September and October. Following closures due […]

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11/12/08 Opinion - US Supreme Ct.

November 12, 2008 – 1:28 pm

The following decision was issued by the U.S. Supreme Court on November 12, 2008:

Winter v. Natural Resources Defense Council, Inc. (opinion by Roberts, C.J., joined by Scalia, Kennedy, Thomas, Alito, JJ.; Breyer, J., concurring in part and dissenting in part, joined by Stevens, J., as to part I; Ginsburg, J., dissenting, joined by Souter, J.). […]

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11/10/08 Opinions - US 5th Cir.

November 11, 2008 – 10:23 am

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on November 10, 2008:

Omega Protein Inc. v. Samson Contour Energy E&P LLC (King, DeMoss, Prado, JJ.; opinion by DeMoss, J.) (appeal from W.D. La.). Affirming judgment by district court assigning fault equally between vessel owner and platform owner in […]

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11/6/08 Opinions - US 5th Cir.

November 10, 2008 – 5:09 pm

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on November 6, 2008:

Caillouet v. First Bank & Trust (Smith, Prado, Yeakel, JJ.; per curiam opinion) (appeal from E.D. La.). Affirming the district court’s affirmance of the bankruptcy court’s judgment in favor of the trustee, but vacating the amount […]

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Firm victory

November 6, 2008 – 8:39 am

As those who have been following this blawg know, I began this appellate-focused practice six months ago. I just received word that the first case that came in the door after I opened up, assisting in the briefing and oral argument for an appeal in an area of law of significant importance in Louisiana, has […]

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10/28/08 Opinions - US 5th Cir.

October 29, 2008 – 7:44 am

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on October 28, 2008:

U.S. v. Constante (King, Higginbotham, Wiener, JJ.; per curiam opinion) (appeal from S.D. Tex.). Vacating sentence and remanding for resentencing. The defendant pled guilty to possession of a firearm by a felon, and was sentenced to […]

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Lawyering up

October 28, 2008 – 9:38 am

In case you hadn’t heard, there is an election coming up in seven days. Click here for an interesting article on how the two main presidential contenders’ campaigns are preparing for the inevitable, quadrennial legal fights that will accompany it.

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10/27/08 Opinion - US 5th Cir.

October 28, 2008 – 7:53 am

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on October 27, 2008:

U.S. v. Garcia-Ruiz (Jones, C.J., Garwood, Smith, JJ.; opinion by Smith, J.) (appeal from W.D. Tex.). Affirming conviction for illegal reentry. The defendant filed a motion to suppress his statements to the arresting officer on the […]

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Resolving a quirk in appellate jurisdiction

October 27, 2008 – 11:01 am

One advantage of this blog is that it allows me to address actions by the U.S. Fifth Circuit that otherwise don’t see the light of day as a published (or even as a released, but unpublished) disposition. One such development came down on October 22, in a case where I am acting as appellate counsel, […]

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10/23/08 Opinions - US 5th Cir.

October 25, 2008 – 10:18 am

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

Miller v. Wladyslaw Estate (Jones, C.J., Barksdale, Stewart, JJ.; opinion by Jones, C.J.) (appeal from W.D. La.). Affirming district court’s summary judgment in favor of hospital in action to enforce lien against tort settlement. The defendant […]

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