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Bar Association of the Fifth Federal Circuit
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Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit

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Bar Association of the Fifth Federal Circuit's posts

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Big Salamis v. Dir., Office of Workers’ Comp. Progs.—Fifth Circuit reverses board’s grant of disability benefits for back pain; board improperly disregarded ALJ’s credibility determinations; affirms grant of medical expenses for lost tooth. 

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US v. Hernandez-Hernandez—Fifth Circuit holds conviction under 18 U.S.C. §111(b) is a crime of violence for purpose of § 2L1.2(b)(1)(A)(ii) sentencing enhancement.

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Entergy Gulf States La. v. US EPA—Fifth Circuit reverses denial of intervention re Sierra Club in reserve-FOIA suit; “adversity of interest exists, any same-ultimate-objective presumption of adequate representation is overcome, and the requirement that Sierra Club’s interests be inadequately represented by EPA is satisfied.” Jones, J., dissenting. 

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Robinson v. J&K Admin. Mgmt. Srvs.—Fifth Circuit holds that district court correctly applied Pedcor Mgmt Welfare Benefit Plan v. Nations Personnel of Texas to compel arbitration.

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Janvey v. Romero—Fifth Circuit finds legally sufficient evidence fraudulent transfer claim was timely because Receiver did not discover and could not reasonably have discovered transfers to Romero and their fraudulent nature until after February 15, 2010.

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Gross v. GGNSC Southaven—Fifth Circuit reverses ruling of district courts that formal legal device is necessary to create the authority to contract; remands for factfinding re existence and scope of agency. 

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Advanced Tech. Bldg. Solutions v. City of Jackson, Miss.—Fifth Circuit affirms judgment as a matter of law on 1st amendment retaliation claim because city council was final policymaker with ultimate authority to approve (or reject) project funding.

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US v. Fafalios—Fifth Circuit reverses conviction for failure to maintain an oil record book because defendant was not master of the vessel.

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Matter of Delta Produce—Fifth Circuit holds that special counsel’s fees and expenses cannot be disbursed from Perishable Agricultural Commodities Act (PACA) fund.

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US v. Clark—Fifth Circuit holds amended judgment was not a resentencing entitling defendant to a hearing; defendant did not have right to challenge sentences based on cases decided after conviction became final. 
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