Tag Archives: preemption

8/14/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 14, 2008:

U.S. v. Reasor (Higginbotham, Stewart, Southwick, JJ.; opinion by Stewart, J.) (appeal from W.D. Tex.). Affirming sentence of defendant on multiple counts of forgery, mail fraud, and credit fraud. Defendant had been sentenced to […]

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 […]

7/3/08 Opinion - US 5th Cir.

The following opinion was released by the U.S. Court of Appeals for the Fifth Circuit on July 3, 2008:
Franks Investment Co. LLC v. Union Pacific Railroad Co. (Jones, C.J., Barksdale, Stewart, JJ.; opinion by Barksdale, J.). Affirming dismissal of plaintiff’s possessory action as preempted by the Interstate Commerce Commission Termination Act (”ICCTA”). Plaintiff […]

6/30/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 30, 2008:

Barnes v. Koppers, Inc. (Jones, C.J., Garwood, Jolly, JJ.; opinion by Jones, C.J.). Plaintiff sued defendants, whose facility produced treated railroad ties using creosote, creosote mixtures, and pentachlorophenol, for environmental contamination leading to the death […]

5/20/08 Opinions - US 5th Cir.

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 […]