What do diversity jurisdiction and typography have to do with one another? Nothing, except that I don’t want to burden your RSS folder with too many posts in one day, and both of these issues need to be highlighted.
First, diversity jurisdiction: If you normally scan the opinion summary posts on this site for decisions coming out of one of the jurisdictions where you practice, and you don’t practice in the Eastern District of Louisiana, then go back and look at the summary and link for yesterday’s Fifth Circuit opinion in Harvey v. Grey Wolf Drilling Co.. In an issue of first impression in this Circuit, the Court held that citizenship of an LLC in diversity-of-citizenship analysis will look not to the state of organization, like a corporation, but to the citizenship of the LLC’s members, as with partnerships and other unincorporated associations.
Next, typography: If you want your pleadings to look as polished and professional as they can, to accurate...
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The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on November 10, 2008:
Omega Protein Inc. v. Samson Contour Energy E&P LLC (King, DeMoss, Prado, JJ.; opinion by DeMoss, J.) (appeal from W.D. La.). Affirming judgment by district court assigning fault equally between vessel owner and platform owner in case arising from vessel allision and allowing vessel owner to limit its liability under 46 U.S.C. § 30505. The Fifth Circuit held that the dist... more
I wrote last month about the Texas Supreme Court’s recent decision in Kerlin v. Sauceda about the Texas tolling statute . That post noted the interaction between the Texas case and a pending Fifth Circuit case (Cadles of Grassy Meadows II, L.L.C. v. Goldner, No. 07-10711) in which the federal court had ruled that the Texas statute was unconstitutional.
Today, the Fifth Circuit granted the State’s motion for rehearing in that federal case and remanded to the trial court for it ... more
It is time (OK, it is probably a little past time, but, thankfully, things have been a bit busy here at The Bartlett Law Firm) for a look back at statistics and observations regarding appellate and legal happenings affecting Louisiana and the U.S. Fifth Circuit in the months of September and October. Following closures due to Hurricane Gustav , the U.S. Fifth Circuit opened back up in September on September 8, 2008. Then the Louisiana Supreme Court came off of its summer quasi-sabbatical fro... more
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 19, 2008:
Blanton v. Quarterman (King, Higginbotham, Garza, JJ., opinion by Garza, J.) (appeal from W.D. Tex.). Affirming district court’s denial of habeas relief on capital petitioner’s claims of ineffective assistance of counsel in preparation and presentation of mitigation case, preservation of Batson claim, and presentation of direct appeal.
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The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 18, 2008:
U.S. v. Klein (Smith, Wiener, Haynes, JJ.; opinion by Smith, J.) (appeal from S.D. Tex.). Affirming convictions of doctor defendant on multiple counts of mail fraud and healthcare fraud, but vacating sentence and restitution order and remanding for resentencing. Defendant had treated a number of patients for hepatitis-C, submitting false claims for many o... more
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 17, 2008:
U.S. v. Pillado-Chaparro (Davis, Garza, Prado, JJ.; per curiam opinion) (appeal from M.D. La.). Affirming defendant’s sentence for illegal reentry. In sentencing the defendant, the district court applied a sixteen-level enhancement for a prior “drug trafficking offense” based on the defendant’s prior conviction for use of a telephon... more
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 16, 2008:
U.S. v. Porter (Smith, Wiener, Haynes, JJ.; opinion by Wiener, J.) (appeal from N.D. Tex.). Affirming conviction of defendant on counts of conspiring to make and pass counterfeit obligations. The Fifth Circuit held that the evidence was sufficient to support the finding that the defendant conspired to commit the counterfeiting offenses; and that the distr... more
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