Category Archives: U.S. 5th Circuit

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actions by the U.S. Fifth Circuit that otherwise don’t see the light of day as a published (or even as a released, but unpublished) disposition.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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10/22/08 Opinion - US 5th Cir.

October 23, 2008 – 11:10 am

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on October 22, 2008:

Goodrum v. Quarterman (Reavley, Stewart, Owen, JJ.; opinion by Reavley, J.) (appeal from S.D. Tex.). Affirming denial of habeas petition. The Fifth Circuit held that the state court was not unreasonable in its application of clearly […]

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U.S. 5th Cir. wraps up en banc sitting

October 22, 2008 – 9:34 am

With the release of its opinion in U.S. v. Gomez yesterday, the U.S. Court of Appeals for the Fifth Circuit has concluded its en banc deliberations from the May 2008 en banc sitting. The decision in U.S. v. Gomez follows on the October 10, 2008, decision in In re: Volkswagen of America, Inc., and the […]

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10/21/08 Opinion - US 5th Cir.

October 22, 2008 – 9:16 am

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on October 21, 2008:

U.S. v. Gomez (Jones, C.J., Reavley, Jolly, Davis, Smith, Wiener, Barksdale, Garza, Benavides, Dennis, Clement, Prado, Owen, Elrod, Southwick, Haynes, JJ.; opinion by Jolly, Benavides, JJ.; King, J., taking no part in consideration of case) (en […]

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10/17/08 Opinions - US 5th Cir.

October 22, 2008 – 8:36 am

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on October 17, 2008:

U.S. v. Guerrero (Davis, Clement, Elrod, JJ.; opinion by Clement, J.) (appeal from S.D. Tex.). Affirming conviction and sentence on RICO violations involving allegations of conspiracy to possess with intent to distribute controlled substances. The defendant […]

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10/16/08 Opinions - US 5th Cir.

October 17, 2008 – 9:23 am

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

Chichakli v. Szubin (Stewart, Owen, Southwick, JJ.; opinion by Southwick, J.) (appeal from N.D. Tex.). Affirming in part and vacating in part summary judgment in favor of defendant Office of Foreign Assets Control (”OFAC”) on plaintiff’s […]

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10/13/08 Opinions - US 5th Cir.

October 14, 2008 – 9:27 am

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on October 13, 2008:

Hopkins v. Cornerstone America (Garza, Elrod, Hicks, JJ.; opinion by Garza, J.) (appeal from N.D. Tex.). Affirming in part and vacating in part summary judgment in favor of plaintiffs in Fair Labor Standards Act (”FLSA”) claim […]

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5th Cir. En Banc opinion: In Re Volkswagen

October 10, 2008 – 5:31 pm

Just so you don’t lose sight of it in the generic post title of “10/10/08 Opinions - US 5th Cir.,” note that in that post is a link to the hot-off-the-presses opinions in the en banc case of In Re: Volkswagen of America, Inc..

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

October 10, 2008 – 5:28 pm

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

In Re: Volkswagen of America, Inc. (en banc; opinion by Jolly, J., joined by Jones, C.J., Smith, Barksdale, Garza, Clement, Owen, Elrod, Southwick, Haynes, JJ.; dissent by King, J., joined by Davis, Wiener, Benavides, Stewart, Dennis, […]

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