U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

March 2016 Archives

It's a good day to be a lawyer in the Lone Star state. On Tuesday, FindLaw launched its new Texas Statutes and Constitution section, bringing Texans the best, easiest to use Texas statutes around.

So, if your client is considering moving some cattle around, we've got the relevant permitting laws right here. Of maybe you need to brush up on oil and gas pooling rules. Well, here ya go. Or maybe you're just looking for Texas's workers' comp laws. We've got those too. And it's all fast, easy, and totally free.

New Orleans' Camellia Grill Keeps Its Name in 5th Cir. Ruling

New Orleans-based restaurant Camellia Grill might have survived Hurricane Katrina, but it went on to face another storm: litigation. A recent 5th Circuit ruling brings good news for the restaurant, allowing Camellia Grill to keep its name -- and also its famous white columns.

Developer's 1st Amendment Retaliation Suit Goes Nowhere

A developer in Jackson, Mississippi will get no relief from a lower court's ruling that the mayor should not be held liable for alleged Constitutional violations against him. The case is interesting because the owner of the company alleged corruption at the state's capitol and later tried to secure a contract with the city to develop a bank in the city.

Sometimes it's best not to insult the people you'd like to maintain future business with.

Innocent Man Gets Vindicated on Claim Against Detective

In a very unfortunate case of mistaken identity, an innocent man spent nearly two decades sitting in state custody for a crime that he conclusively did not commit. Darrin Hill was acquitted after DNA proved that he could not have been the perpetrator of decades' old assault and rape.

When he sued the city on various claims, issues arose as the level of qualified immunity individuals involved in the Hill's criminal investigation would enjoy.

Fifth Circuit to Hear TX Voter ID Case En Banc

The Fifth Circuit en banc is hearing the Texas Voter ID case, making the procedural history of the case of Veasey v Abbott even more confusing.

The case revolves around the legal implications that arise if the Texas Legislature should be allowed to implement voter ID laws which may be shown to be intentionally discriminatory, though not facially so. And in a state with consistently low turnout rate, the fate of Veasey could have a palpable effect on the minority voters who appear to be disproportionately affected by the law's strict requirements.

Fifth Circuit to Texas Lawyer's Creative Brief: 'Two Can Play This Game'

The Fifth Circuit's Court of Appeals decided to play the game of a Texas Attorney who moved for a panel rehearing. A motion itself is nothing new, but the way Texas attorney Chad Flores attempted to make his point certainly bears reflection. He presented the court with a hypothetical conversation between an attorney and his disappointed client in order to demonstrate to the court how silly it would be to affirm the lower court decision.

We've read Flores' petition and credit ought to be given where credit is due. The petition is easy to read and the point of the paper is well taken. Unfortunately, for Flores and his client, the Fifth Circuit denied his petition and did so with a little of Flores' style.