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 […]
The following opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 28, 2008:
Richardson v. Quarterman (Jones, C.J., Garwood, Jolly, JJ.; opinion by Garwood, J.) (appeal from N.D. Tex.). Affirming denial of habeas relief to petitioner on argument that trial judge should have recused himself because the trial judge’s […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged 924(c), appearance of bias, Brady violation, child abuse, criminal, Due Process, forfeiture, Fourth Amendment, FRE 403, habeas corpus, jury instructions, presumptive bias, qualified immunity, recusal, Sentencing Guidelines, Sixth Amendment, structural error, sufficiency of evidence
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The following opinions were released by the Louisiana Supreme Court on May 21, 2008:
Burmaster v. Plaquemines Parish Government (Calogero, C.J.; dissenting opinions by Victory, Traylor, JJ.). The Court held that 2006 La. Act 545 — which purported to retroactively provide immunity to public entities for claims brought pursuant to La. Civil Code arts. 2317 […]
By Tad Bartlett
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Posted in LA Supreme Court, The Bartlett Blawg
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Also tagged Atkins, criminal, death penalty, Due Process, Hurricane Katrina, Hurricane Rita, immunity, insurance coverage, jury instructions, jury verdict, pro se, public record, Roper, Valued Policy Law
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The following additional published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 24, 2008:
Crocker v. National Union Fire Ins. Co. of Pittsburgh (Garwood, Higginbotham, Clement, JJ.; per curiam). In a separate Texas state court lawsuit, plaintiff received a $1,000,000.00 default judgment against an additional insured on a […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged "deliberate ignorance", Commerce Clause, confrontation clause, demonstrative exhibits, exculpatory evidence, harmless error, insurance coverage, multiplicitous sentencing, notice, plain error
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