Category Archives: U.S. 5th Circuit

Update on court closures/reopenings

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 […]

U.S. 5th Cir. & Louisiana Supreme Ct. closed after Gustav

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 […]

8/29/08 Opinion - US 5th Cir.

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, […]

8/28/08 Opinion - US 5th Cir.

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 […]

8/26/08 Opinions - US 5th Cir.

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 […]

8/25/08 Opinions - US 5th Cir.

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 […]

8/22/08 Opinions - US 5th Cir.

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 […]

8/21/08 Opinion - U.S. 5th Cir.

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 […]

8/19/08 Opinions - US 5th Cir.

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 […]

8/15/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on August 15, 2008:

Abner v. Kansas City Southern Railway Co. (Higginbotham, Stewart, Southwick, JJ.; opinion by Higginbotham, J.) (appeal from W.D. La.). Plaintiffs brought an employment discrimination lawsuit against defendants. After the first trial ended in a […]