Tag Archives: bankruptcy

11/6/08 Opinions - US 5th Cir.

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 […]

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

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 […]

9/12/08 Opinion - US 5th Cir.

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 […]

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 […]

8/19/08 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 […]

8/12/08 Opinions - US 5th Cir.

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 […]

7/22/08 Opinions - US 5th Cir.

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 […]

7/14/08 Opinion - US 5th Cir. (pt. 2)

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 […]

7/10/08 Opinions - US 5th Cir.

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 […]