December 2, 2008 – 10:10 am
The United States Court of Appeals wrapped up its November opinion releases with 3 unpublished opinions released on November 28, 2008. That brought the total opinions released in November 2008 to 177; 24 of those were designated for publication, and 153 were unpublished.
One case was designated for en banc rehearing - U.S. v. Seale, over […]
November 28, 2008 – 11:26 am
According to the U.S. Fifth Circuit Court of Appeals’ July ‘07-June ‘08 Judicial Workload Statistics report, of 2,421 criminal appeals, only 3.4% resulted in reversals.
November 28, 2008 – 11:23 am
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on November 26, 2008:
Archer v. Nissan Motor Acceptance Corp. (King, Higginbotham, Wiener, JJ.; opinion by Higginbotham, J.) (appeal from S.D. Miss.). Affirming summary judgment in favor of defendants on finding that plaintiffs’ claims were time-barred under the two-year statute […]
November 26, 2008 – 1:31 pm
In his dissent in the re-issued order of en banc rehearing in U.S. v. Seale, released yesterday, Judge Smith provides insight into the U.S. Fifth Circuit Court of Appeals’ deliberation and scheduling processes for en banc matters, as well as its internal procedures for expediting criminal appeals. Much of this is information and procedures that […]
November 26, 2008 – 1:22 pm
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on November 25, 2008:
Board of Supervisors of Louisiana State University v. Smack Apparel Co. (Reavley, Stewart, Owen, JJ.; opinion by Reavley, J.) (appeal from E.D. La.). Affirming summary judgment in favor of plaintiff universities (Louisiana State University, Ohio State […]
November 25, 2008 – 12:20 pm
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on November 24, 2008:
U.S. v. Cavitt (Garza, Elrod, Hicks, JJ.; opinion by Hicks, J.) (appeal from E.D. Tex.). Vacating denial of federal habeas relief under 28 U.S.C. § 2255, and remanding for evidentiary hearing. Petitioner was pulled over on […]
Posted in The Bartlett Blawg, U.S. 5th Circuit
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Tagged arbitration, collective bargaining agreement, death penalty, detrimental reliance, Eighth Amendment, evidentiary hearing, Fourth Amendment, habeas corpus, lethal injection, negligent misrepresentation, reasonable suspicion, statute of limitations, Terry stop, UCC, UCP 400, § 1983
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November 24, 2008 – 10:15 am
According to the U.S. Fifth Circuit’s 2007-08 Judicial Workload Report, from July ‘07 to June ‘08, of 7,634 appeals, 7.6% resulted in reversals. Of those, 1,299 were “other private civil” (i.e., non-prisoner, non-administrative-agency, non-bankruptcy), with a reversal rate almost twice the overall average - 14.2%.
November 24, 2008 – 10:07 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on November 21, 2008:
U.S. v. Armstrong (Higginbotham, Stewart, Southwick, JJ.; opinion by Stewart, J.) (appeal from E.D. La.). Affirming in part, and reversing and remanding in part, conviction and sentences for violations of the Controlled Substances Act. The defendants were […]
November 24, 2008 – 8:59 am
On November 21, 2008, the Louisiana Supreme Court denied applications for rehearings in Brown v. ANA Insurance Group, and in Chevron v. Louisiana. Brown, issued October 14, concerned immunity of the Louisiana Commissioner of Insurance in his role as liquidator of an insolvent insurance company. Chevron, issued September 8, narrowed the standard applied to the […]
November 21, 2008 – 8:41 am
For November 20, 2008, the U.S. Court of Appeals for the Fifth Circuit released no opinions designated for publication; there were 10 unpublished opinions issued.
