FCCN Daily Update RSS

 

January 8-13

New cases and summaries:

Savant v. APM Terminals (12/5/14, but not published until 1/7/15) (labor & employment). Panel opinion summary.

Wilson v. Epps (1/8/15) (jurisdiction & procedure). Panel opinion summary.

Killen v. Reliance Standard Life Insurance Co. (1/9/15) (ERISA). Panel opinion summary.

Graziosi v. City of Greenville, Miss. (1/9/15) (civil rights). Panel opinion summary.

Other:

In re Julius Jackson (1/8/15) (habeas).

The Court denied rehearing en banc in United States v. B.P. Exploration & Production, Inc. (6/4/14) (environmental). Panel opinionsupplemental panel opinionpanel opinions summary.

The Court decided Trent v. Wade (1/9/15) (civil rights), but on January 29 withdrew that opinion and filed a new one. The new opinion will be summarized in the January 29 update.

On January 12, the Supreme Court denied review of these published decisions from the Fifth Circuit:

American Commercial Lines, LLC v. D.R.D. Towing, LLC (5/21/14) (jurisdiction & procedure). Panel opinion; updated panel opinion summary.

United States v. Rosbottom (8/13/14) (criminal). Panel opinion.

United States v. Kisla (8/13/14) (criminal). Panel opinion.

Mays v. Stephens (6/27/14) (habeas). Panel opinion.

United States v. Pringler (8/26/14) (criminal). Panel opinion.

United States v. Elizondo-Hernandez (7/9/14) (criminal). Panel opinion.

United States v. Howard (9/9/14) (criminal). Panel opinion.


January 1-7

New cases and summaries:

Wooten v. McDonald Transit Associates, Inc. (1/2/15) (jurisdiction & procedure; labor & employment). Panel opinion summary.

Other:

United States v. Rodriguez-Rodriguez (1/2/15) (criminal).

United States v. Diehl (1/7/15) (criminal).

United States v. Olvera (1/7/15) (habeas).

The Court on January 2 reposted, but with no significant revision, its decisions in: 

Gibson v. Kilpatrick (12/11/14, on remand from the U.S. Supreme Court) (civil rights). Panel opinion summary.

United States v. Fuentes (12/19/14) (criminal).

United States v. Moreno-Torres (9/30/14) (criminal).


December 30-31

New cases and summaries:

In re Rolls Royce Corp. (12/30/14) (jurisdiction & procedure). Panel opinion summary.

Martinez v. Texas Workforce Commission (12/30/14) (labor & employment). Panel opinion summary.

Other:

United States v. Campbell (12/30/14) (criminal).

The Court reposted, but with no significant revision, its opinion in Varela v. Gonzales (12/11/14) (labor & employment; RICO). Panel opinion summary.


December 29

New cases and summaries:

Cisneros-Guerrerro v. Holder (12/29/14) (immigration). Panel opinion summary.

Thompson v. Deutsche Bank National Trust Co. (12/29/14) (removal & remand; Texas). Panel opinion summary.

Other:

United States v. Richard (12/29/14) (criminal).


December 23-26

New cases and summaries:

Symetra Life Insurance Co. v. Rapid Settlements, Ltd. (12/23/14) (attorneys' fees; Texas). Panel opinion summary.

United States v. Bollinger Shipyards, Inc. (12/23/14) (False Claims Act). Panel opinion summary.

Heck v. Triche (12/23/14) (jurisdiction & procedure; attorneys' fees; Louisiana). Panel opinion summary.

Other:

United States v. Kayode (12/23/14) (habeas).


December 22

New cases and summaries:

Eastman Chemical Co. v. PlastiPure, Inc. (12/22/14) (Lanham Act). Panel opinion summary.

Other:

The Court reposted, but with no significant revision, its decision in United States v. Lewis (12/22/14) (criminal).


December 19

New cases and summaries:

Luna v. Mullenix (12/19/14) (civil rights). Panel opinion summary.

Other:

United States v. Fuentes (12/19/14) (criminal).

United States v. Ceron (12/19/14) (criminal).


December 18

New cases and summaries:

Isbell v. DM Records, Inc. (12/18/14) (intellectual property; jurisdiction & procedure). Panel opinion summary.

Sanchez v. City of Austin (12/18/14) (attorney's fees). Panel opinion summary.


December 17

New cases and summaries:

Wilkerson v. Goodwin (12/17/14) (civil rights). Panel opinion summary.


December 12-16

New cases and summaries:

Bell v. Itawamba County School Board (12/12/14, revised 12/16/14) (civil rights). Panel opinion summary.

Other:

United States v. Collins (12/12/14) (criminal).

United States v. Beacham (12/12/14) (criminal).

United States v. Vigil (12/16/14) (criminal).

The Court denied rehearing en banc in Aransas Project v. Shaw (6/30/14, revised 12/15/14) (environmental). Panel opinion; panel opinion summary.

The U.S. Supreme Court, from Dec. 2 to Dec. 15:

granted review of these decisions from the Fifth Circuit:

Viegelahn v. Harris (bankruptcy). Panel opinion; updated panel opinion summary.

Texas Division, Sons of Confederate Veterans, Inc. v. Vandergriff (civil rights). Panel opinion; updated panel opinion summary.

Brumfield v. Cain (habeas). Panel opinion.

granted review of a decision from the First Circuit posing the question "[w]hether an order denying confirmation of a bankruptcy plan is appealable," a question that the Fifth Circuit has already answered in the affirmative.

denied review of these published decisions from the Fifth Circuit:

Lake Eugenie Land & Development, Inc. v. BP Exploration & Production, Inc. (settlement; class actions). Panel opinion; updated panel opinion summary.

Haase v. Countrywide Home Loans, Inc. (jurisdiction & procedure; RESPA; Texas). Panel opinion; updated panel opinion summary.

United States v. Cedillo-Narvaez (criminal). Panel opinion.

United States v. Ramos-Delgado (criminal). Panel opinion.


December 10-11

New cases and summaries:

Gibson v. Kilpatrick (12/11/14) (civil rights). Panel opinion summary.

United States v. Real Property Known as 200 Acres (12/10/14) (jurisdiction & procedure). Panel opinion summary.

EEOC v. LHC Group, Inc. (12/11/14) (labor & employment). Panel opinion summary.

Varela v. Gonzales (12/11/14) (labor & employment; RICO). Panel opinion summary.

Other:

United States v. Lagrone (12/11/14; on panel reh'g) (criminal).

United States v. Martinez-Lugo (12/11/14) (criminal).

The Court reposted, but with no significant revision, its decisions in

Southwestern Electric Power Co. v. Certain Underwriters at Lloyds of London (11/24/14) (arbitration; jurisdiction & procedure). Panel opinion summary.

Burnside v. Kaelin (12/9/14) (civil rights). Panel opinion summary.

Campaign for Southern Equality v. Bryant (12/4/14) (jurisdiction & procedure; civil rights). Panel opinion summary.


December 9

New cases and summaries:

Burnside v. Kaelin (12/9/14) (civil rights). Panel opinion summary.

Mingo v. Commissioner of Internal Revenue (12/9/14) (tax). Panel opinion summary.

Avakian v. Citibank, NA (12/9/14) (Mississippi). Panel opinion summary.

Other:

United States v. Boyd (12/9/14) (criminal).

The Courrt reposted, but with no significant revision, its decision in Woodfox v. Cain (11/20/14) (habeas).


December 8

New cases and summaries:

Sundown Energy, LP v. Haller (12/8/14) (Louisiana). Panel opinion summary.

Other:

United States v. Lewis (12/8/14) (criminal).


December 4-5

New cases and summaries:

Campaign for Southern Equality v. Bryant (12/4/14) (jurisdiction & procedure; civil rights). Panel opinion summary.

Other:

United States v. King (12/4/14) (criminal).


December 3

New cases and summaries:

RLB Contracting, Inc. v. Butler (12/03/14) (admiralty & maritime). Panel opinion summary.

Other:

United States v. Polanco-Ozorto (12/03/14) (criminal).

The U.S. Supreme Court on December 1 denied review of these published decisions of the Fifth Circuit:

State Farm Mutual Automobile Insurance Co. v. LogistiCare Solutions, LLC (insurance & indemnity -- Mississippi). Panel opinion; updated panel opinion summary.

United States v. Akins (criminal). Panel opinion.

United States v. Cannon (criminal). Panel opinion.


December 1-2

New cases and summaries:

Franks Investment Co., LLC v. Union Pacific Railroad Co. (12/2/14) (Louisiana). Panel opinion summary.


November 26-28

New cases and summaries:

Hollybrook Cottonseed Processing, LLC v. American Guarantee & Liability Insurance Co. (11/26/14) (insurance & indemnity -- Louisiana). Panel opinion summary.


November 24-25

New cases and summaries:

In re: Louisiana Crawfish Producers (11/24/14) (admiralty & maritime). Panel opinion summary. 

Southwestern Electric Power Co. v. Certain Underwiters at Lloyds of London (11/24/14) (arbitration; jurisdiction & procedure). Panel opinion summary.

Other:

United States v. Castellon-Aragon (11/24/14) (criminal).

The Court reposted, but with no significant revision, its decision in Barrios-Cantarero v. Holder (11/25/14) (immigration). Panel opinion summary.


November 21

New cases and summaries:

Barrios-Cantarero v. Holder (11/21/14) (immigration). Panel opinion summary.


November 19-20

New cases and summaries:

Morton v. Yonkers (11/19/14) (bankruptcy; Indian nations). Panel opinion summary.

Other:

Woodfox v. Cain (11/20/14) (habeas).

Sealed Appellee v. Sealed Appellant (11/17/14) (civil commitment of a prisoner).

The Court reposted, but with no significant revision, its decision in World Wrestling Entertainment, Inc. v. Unidentified Parties (11/4/14) (intellectual property). Panel opinion summary.


November 17-18

New cases and summaries:

Copeland v. Colvin (11/17/14) (Social Security). Panel opinion summary.

Other:

The Court reposted, but with no significant revision, its opinion in Louisiana Public Service Commission v. Federal Energy Regulatory Commission (11/14/14) (utilities). Panel opinion summary.

The U.S. Supreme Court on November 17 denied review of these published decisions of the Fifth Circuit:

United States v. Garcia-Carrillo (criminal). Panel decision.

United States v. Curtis (habeas). Panel decision;

and granted review of two Eleventh Circuit decisions posing the following question (on which the Fifth Circuit appears not to have taken a position):

Section 506(d) of the Bankruptcy Code provides in relevant part that "[t]o the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void." In Dewsnup v. Timm, 502 U.S. 410 (1992), this Court held that section 506(d) does not permit a chapter 7 debtor to "strip down" a mortgage lien to the current value of the collateral. The question presented in this case, on which the courts of appeals are divided, is whether section 506(d) permits a chapter 7 debtor to "strip off” a junior mortgage lien in its entirety when the outstanding debt owed to a senior lienholder exceeds the current value of the collateral.


November 14

New cases and summaries:

MM Steel, LP v. JSW Steel (USA), Inc. (10/1/14, published 11/14/14) (jurisdiction & procedure). Panel opinion summary.

Justice v. Hoseman (11/14/4) (civil rights). Panel opinion summary.

Louisiana Public Service Commission v. Federal Energy Regulatory Commission (11/14/14) (utilities). Panel opinion summary.


November 12-13

New cases and summaries:

Halliburton, Inc. v. Administrative Review Board (11/12/14) (labor & employment). Panel opinion summary.

Ameristar Airways, Inc. v. Administrative Review Board (11/12/14) (labor & employment). Panel opinion summary.

Coffin v. Blessey Marine Services, Inc. (11/13/14) (labor & employment). Panel opinion summary.

Other:

The Court announced denial of rehearing en banc in Fisher v. University of Texas at Austin (7/15/14) (civil rights). Panel opinion; updated panel opinion summary.

The Court reposted, but with no significant revision, its decision in United States v. Banks (10/27/14) (criminal).


November 10-11

New cases and summaries:

United States v. Marshall (11/10/14) (tax). Panel opinion summary.

Scarlott v. Nissan North America, Inc. (11/10/14) (removal & remand). Panel opinion summary.

Blessey Marine Services, Inc. v. Jeffboat, LLC (11/10/14) (jurisdiction & procedure). Panel opinion summary.

Other:

United States v. Jackson (11/10/14) (criminal).

The U.S. Supreme Court: 

granted review, vacated, and remanded the Fifth Circuit's unpublished opinion in Johnson v. City of Shelby, Miss. (civil rights; "no heightened pleading rule requires plaintiffs seeking damages for violations of constitutional rights to invoke [42 U.S.C.] § 1983 expressly in order to state a claim"). Panel opinion.

denied review in one published opinion from the Fifth Circuit: Sprouse v. Stephens (habeas). Panel opinion

granted review in a Fourth Circuit case posing the question "Whether, under Federal Rule of Civil Procedure 4(m), a district court has discretion to extend the time for service of process absent a showing of good cause, as the Second, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits have held, or whether the district court lacks such discretion, as the Fourth Circuit has held?"


November 5-7

New cases and summaries:

United States v. B.P. Exploration & Production, Inc. (11/5/14, supplemental opinion; 6/4/14 original opinion) (environmental). Summary of original and supplemental panel opinions.

Mabary v. Home Town Bank, NA (11/5/14) (jurisdiction & procedure; class actions). Panel opinion summary.

Scott v. Schedler (11/5/14) (jurisdiction & procedure; voting). Panel opinion summary.

Vaillancourt v. PNC Bank, NA (11/5/14) (removal & remand). Panel opinion summary.

Other:

United States v. Oswalt (11/7/14) (criminal).

The Court announced on November 5 that it will rehear en banc two cases:

Hernandez v. United States (6/30/14) (civil rights). Vacated panel opinion; summary of vacated panel opinion.

Barron & Newburger, PC v. Texas Skyline, Ltd. (7/15/14) (bankruptcy; attorney's fees). Vacated panel opinion; summary of vacated panel opinion.

Visit FCCN's page "En Banc: Pending."


November 3-4

New cases and summaries:

Holt Texas, Ltd. v. Zayler (11/3/14) (Texas). Panel opinion summary.

World Wrestling Entertainment, Inc. v. Unidentified Parties (11/4/14) (intellectual property). Panel opinion summary.

Other:

United States v. Albornoz-Albornoz (11/3/14) (criminal).

United States v. Rodriguez-Negrete (11/3/14) (criminal).

The U.S. Supreme Court on November 3 denied certiorari with respect to these published decisions of the Fifth Circuit:

Netshpere, Inc. v. Baron (receivership). Panel opinion.

United States v. Akins (criminal). Panel opinion.

Reed v. Stephens (habeas). Panel opinion.


October 30-31

New cases and summaries:

Coleman v. OFS, Inc. (10/30/14) (Louisiana). Panel opinion summary.


October 29

New cases and summaries:

Crownover v. Mid-Continent Casualty Co. (10/29/14; panel reh'g granted) (insurance & indemnity -- Texas). Updated panel opinion summary.

Other:

United States v. Randall (10/29/14) (criminal).

United States v. Cortez-Cortez (10/29/14) (criminal).


October 27-28

New cases and summaries:

Rice v. ReliaStar Life Insurance Co. (10/27/14) (civil rights; ERISA). Panel opinion summary.

Other:

United States v. Segovia (10/28/14) (criminal).


October 21-24

New cases and summaries:

Franco-Casasola v. Holder (10/23/14) (immigration). Panel opinion summary.

Gonzalez v. Holder (10/21/14) (immigration). Panel opinion summary.

Other:

The Court reposted, but with no significant revision, its en banc decision in McBride v. Estis Well Service (admiralty & maritime) (9/25/14). En banc opinion summary.

Justice Ginsburg on October 20 issued a revision to her dissent of October 18 (deleting "Nor will Texas accept photo ID cards issued by the U. S. Department of Veterans’ Affairs," slip op. at 4) from the Supreme Court's denial of an application to vacate the Fifth Circuit's stay of the district court's injunction in Veasey v. Perry (civil rights). Panel opinion; panel opinion summary.