In Paredes v. Thaler, No. 07-70009, a capital habeas matter, the court affirmed the denial of petitioner’s habeas petition, holding that 1) the Texas courts did not unreasonably apply clearly established federal law as determined by the U.S. Supreme Court because whether the jury charge at issue went beyond the limits of how a state [...]
Combo Maritime, Inc. v. U.S. United Bulk Terminal, LLC, No. 09-30592, involved an action for contribution and indemnity, and property damage, based on a barge breakaway. The court reversed summary judgment for defendant on the ground that there were insufficient findings in the record to determine whether the passing vessel presumption should have been applied [...]
In Mathis v. Thaler, No. 08-70021, a capital habeas matter, the court affirmed the denial of petitioner’s habeas petition where 1) petitioner’s habeas litigation strategy choice to withhold an Atkins claim from the initial federal petition, while simultaneously acting so late as to preclude exploration of other relief, did not make the Atkins rule “previously [...]
Sixta v. Thaler, No. 07-20890, involved an intoxication manslaughter prosecution. The court affirmed summary judgment for respondent on petitioner’s habeas petition, holding that the applicable procedural rules required the respondent in a 28 U.S.C. section 2254 proceeding to serve both the answer and any exhibits attached thereto on the habeas petitioner, and respondent complied with [...]
Sixta v. Thaler, No. 07-20890, involved an intoxication manslaughter prosecution. The court affirmed summary judgment for respondent on petitioner’s habeas petition, holding that the applicable procedural rules required the respondent in a 28 U.S.C. section 2254 proceeding to serve both the answer and any exhibits attached thereto on the habeas petitioner, and respondent complied with [...]
Consolidated Cos. Inc. v. Lexington Ins. Co., No. 09-30178, involved an action against a commercial-property insurer seeking proceeds arising out of Hurricane Katrina-related damages. The court affirmed in part judgment for plaintiff on the grounds that 1) plaintiff was not required to draw a bright line in its evidence between loss stemming from property damage [...]
US v. Billingsley, No. 09-40734, concerned an action for violation of the Fair Housing Act claiming the wrongful enforcement of restrictive covenants. The court vacated a preliminary injunction in favor of plaintiff, holding that the Anti-Injunction Act was applicable in this case and the government could not avail itself of the exception for the U.S. [...]
In Garland v. Roy, No. 09-40735, which involved petitioner’s appeal from the dismissal of his habeas corpus petition brought pursuant to 28 U.S.C. section 2241, the court reversed on the ground that, in light of the Supreme Court’s decision in Santos, petitioner brought a claim that satisfied each of the Reyes-Requena factors, and thus his [...]
Paul Davis Nat’l v. City of New Orleans, No. 09-30529, involved an action claiming that defendant-city failed to comply with the mandatory provisions of Louisiana’s Public Works Act by not requiring a third party to post a payment bond, thus making the city solidarily liable on plaintiff’s claim for the cost of the work in [...]
S&M Brands Inc. v. Caldwell, No. 09-30985, involved an action claiming that the Master Settlement Agreement (MSA) reached in the 1990s between the four largest tobacco manufacturers and the several states and the Louisiana Escrow Statute violated the Compact Clause, First Amendment, Federal Cigarette Labeling and Advertising Act (FCLAA), Commerce and Due Process Clauses, and [...]