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 […]
September 19, 2008 – 10:33 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 18, 2008:
U.S. v. Klein (Smith, Wiener, Haynes, JJ.; opinion by Smith, J.) (appeal from S.D. Tex.). Affirming convictions of doctor defendant on multiple counts of mail fraud and healthcare fraud, but vacating sentence and restitution order […]
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 13, 2008 – 3:53 pm
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 12, 2008:
Wardlaw v. Cain (Garza, Dennis, Mills, JJ.; per curiam opinion) (appeal from M.D. La.). Affirming district court’s dismissal of petitioner’s claims as untimely under AEDPA. The Fifth Circuit held that Smith v. Ward, 209 […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged "serious drug offense", Armed Career Criminal Act, bad faith, bankruptcy, Commerce Clause, criminal, exhaustion, First Amendment, Fourth Amendment, habeas corpus, retaliation, sanctions, sentencing, standing, statute of limitations, stop-and-frisk
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The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 4, 2008:
Connors v. Graves (Higginbotham, Smith, Haynes, JJ.; opinion by Haynes, J.) (appeal from M.D. La.). Affirming summary judgment against plaintiff in § 1983 lawsuit brought against law enforcement defendants for excessive force and unlawful seizure. […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 10, 2008:
Waltman v. Payne (Garwood, Dennis, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Miss.). Affirming district court’s dismissal in part, and vacating in part and dismissing without prejudice the claim of the owner of […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged bankruptcy, delivery of policy, Due Process, Eleventh Amendment, Enron, Ex Parte Young, Fifth Amendment, FMLA, Fourteenth Amendment, Fourth Amendment, insurance coverage, intoxication exclusion, kenaf, life insurance, preemption, qualified immunity, related to jurisdiction, SLUSA, sovereign immunity, taking
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The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 20, 2008:
Southwestern Bell Telephone, LP v. City of Houston (Jolly, Barksdale, Benavides, JJ.; opinion by Barksdale, J.). Affirming the dismissal of AT&T’s Federal Telecommunications Act-based (”FTA”) claims against a City of Houston ordinance that required utilities […]