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 August 11, 2008:
Dorsey v. Portfolio Equities Inc. (Jones, C.J., Wiener, Clement, JJ.; opinion by Clement, J.) (appeal from N.D. Tex.). Affirming in part and reversing in part district court’s dismissal of plaintiff’s federal securities fraud claims. […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 23, 2008:
U.S. v. Plascencia (Reavley, Benavides, Owen, JJ.; opinion by Reavley, J.; dissent by Owen, J.) (appeal from N.D. Tex.). Affirming district court’s dismissal of defendant’s § 2255 petition on the basis that it was time-barred. […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 15, 2008:
Texas Clinical Labs Inc. v. Leavitt (Jones, Wiener, Clement, JJ.; opinion by Wiener, J.) (appeal from N.D. Tex.). Reversing and remanding in part, and affirming in part, district court’s dismissal of action brought by Texas […]
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 U.S. Supreme Court released the following opinions on April 15, 2008:
Meadwestvaco Corp. v. Illinois Department of Revenue (Alito, J., for unanimous Court; Thomas, J., concurring). Commerce and Due Process Clause case regarding apportioned taxation of multistate enterprise’s intrastate and extrastate activities that form “unitary business,” on writ of certiorari to Appellate Court of […]
4/15/08 Opinions - US 5th Cir.
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 15, 2008:
U.S. v. Edelkind (Reavley, Smith, Dennis, JJ.; opinion by Dennis, J.). Affirming conviction of defendant for willful failure to pay child support for child in another state, holding (1) that criminal non-support is continuing conduct, […]