August 15, 2008 – 3:04 pm
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 […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged Bible, Class Action Fairness Act, class certification, commonality, criminal, death penalty, ERISA, forgery, government misconduct, habeas, harmless error, perjury, predominance, sentencing, subject matter jurisdiction, Telephone Consumer Protection Act
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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 bankruptcy, 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, qualified immunity, related to jurisdiction, SLUSA, sovereign immunity, taking, § 1983
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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 […]
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 […]
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 […]