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 […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 8, 2008:
Aryain v. Wal-Mart Stores Texas LP (Reavley, Jolly, Garza, JJ.; opinion by Garza, J.). Affirming in part, reversing in part, and vacating in part summary judgment in favor of defendant Wal-Mart on plaintiff’s claims of […]
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 June 2, 2008:
Noble Energy Inc. v. Bituminous Casualty Co. (King, Wiener, Elrod, JJ.; opinion by Wiener, J.). Noble Energy entered into an agreement for T&L Lease to remove and dispose of basic sediment & water (”BSW”) from […]
The following additional published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 23, 2008:
Roark & Hardee LP v. City of Austin (King, DeMoss, Southwick, JJ.; opinion by King, J.) (revision of opinion released March 27, 2008). Pursuant to a successful ballot initiative, in 2005 the City of […]
Published opinions released by the U.S. 5th Circuit on April 8, 2008:
U.S. v. Gulley (King, DeMoss, Southwick, JJ., per curiam). Affirming conviction for first degree murder; finding sufficient evidence; finding no error in district court’s exclusion of evidence of victim’s eight prior instances of violence, which defendant had sought to introduce to support self-defense […]
FDIC v. Maxxam, Inc.. Reversing in part and vacating in part large sanctions award against FDIC that had been levied by district court on finding that FDIC’s claims arising from 19890s S&L failure were baseless and had an improper purpose.
U.S. v. Gomez-Herrera. Affirming sentence for illegal reentry; finding Kimbrough to be inapposite.