November 14, 2008 – 4:11 pm
It is time (OK, it is probably a little past time, but, thankfully, things have been a bit busy here at The Bartlett Law Firm) for a look back at statistics and observations regarding appellate and legal happenings affecting Louisiana and the U.S. Fifth Circuit in the months of September and October. Following closures due […]
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actions by the U.S. Fifth Circuit that otherwise don’t see the light of day as a published (or even as a released, but unpublished) disposition.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, […]
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 […]
Ray Ward has this post this past weekend on the importance of the manifest error standard of review and the distinct roles of trial courts and appellate courts.
In reading through the July 23, 2008, release of published opinions by the U.S. Fifth Circuit, I am struck by the outcome of Poliner v. Texas Health Systems. Putting aside the merits of the decision, regarding immunity under the Health Care Quality Improvement Act, and just looking at the outcome, there is a $200 […]
The U.S. Court of Appeals for the Fifth Circuit has announced that it is now making recordings of oral arguments publicly available on its website, posted usually the same day argument occurs. Currently posted are oral arguments going back to May 21, 2008, which includes the en banc oral arguments held on May 22, […]
In my en banc “wrap-up” post, I summarize the arguments in the three cases argued today before the en banc U.S. Court of Appeals for the Fifth Circuit. Here, let me offer a few non-argument-related observations from this morning’s sitting:
After you walk through security in the New Orleans Fifth Circuit courthouse, you notice a […]
This morning, the U.S. Court of Appeals for the Fifth Circuit held en banc arguments. As Chief Judge Edith Jones commented prior to the first argument, it was the first and only time the current crop of judicial clerks will witness en banc arguments; this was the first en banc sitting since May 15, […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged "forcible sex offense", Atkins, crime of violence, death penalty, En banc, habeas corpus, mandamus, rape, sentencing, venue
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The U.S. Court of Appeals for the Fifth Circuit will be sitting en banc tomorrow morning, commencing at 9:00 a.m. (courthouse opens at 8:00 a.m. for those appellate junkies, like me, who want to get a good seat). As posted here last month (with links to the original panel opinions and the en banc briefs), the […]
Check out yesterday’s decision by the U.S. Fifth Circuit Court of Appeals regarding attorneys’ fees for non-productive travel time. The bankruptcy court had disallowed half the fees assessed for non-productive travel time, the district court affirmed, and the Fifth Circuit held that there was no abuse of discretion. It is certainly not uncommon […]
