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 […]
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 […]
September 13, 2008 – 11:16 am
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 12, 2008:
Soza v. Hill (Jones, C.J., Wiener, Clement, JJ.; opinion by Jones, C.J.; Wiener, J., specially concurring) (appeal from S.D. Tex.). Reversing the district court’s reversal of bankruptcy court’s decision denying exemption status to annuity purchased […]
August 30, 2008 – 2:28 pm
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 […]
August 28, 2008 – 9:06 am
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 […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged automatic stay, confrontation clause, criminal, default judgment, excessive force, Fed. R. Civ. P. 60(b), Fourth Amendment, marital privilege, qualified immunity, sentencing, Sentencing Guidelines
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August 22, 2008 – 7:36 am
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 […]
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, Commerce Clause, criminal, exhaustion, First Amendment, Fourth Amendment, habeas corpus, retaliation, sanctions, sentencing, standing, statute of limitations, stop-and-frisk, § 1983
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The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 22, 2008:
In re: Repine (Reavley, Smith, Garza, JJ.; opinion by Garza, J.) (appeal from S.D. Tex.). Vacating in part and affirming in part district court’s affirmance of bankruptcy court decision awarding actual and punitive damages to […]
Following its first batch of published opinions released on July 14, 2008, the U.S. Court of Appeals for the Fifth Circuit released the following published opinion:
Kane v. National Union Fire Ins. Co. (King, Wiener, Elrod, JJ.; per curiam opinion) (appeal from E.D. La.). Reversing and remanding summary judgment in favor of defendants, in which […]
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 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, § 1983
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