5th Circuit Court

Government May Seek Assets From Estate of Dead Enron Founder

A Houston federal judge has given the government the go-ahead to seek nearly $13 million in assets from the estate of Enron founder Kenneth Lay, who died last year after his conviction for fraud and conspiracy. The government will have to prove it has a right to the assets in…

Nov 15, 2007 6:54 PM CST

Battling Misconduct Claims in Katrina Case

As if the ongoing insurance coverage battle involving Mississippi’s attorney general, a well-known plaintiffs lawyer and a national insurance company weren’t already contentious enough, explosive new allegations have just been made public. Attorney General Jim Hood allegedly threatened to indict the CEO of State Farm Insurance Cos., as well as…

Nov 8, 2007 11:07 PM CST

State Farm Wins Katrina Coverage Case

A federal appeals court has upheld language in State Farm insurance policies used to deny Hurricane Katrina claims. The policies cover wind but not water damage. The insurer says damage caused by a combination of the two is not covered because of “anti-concurrent cause” language in the policies, the Associated…

Nov 7, 2007 2:00 PM CST

Supreme Court Halts Execution in MS

A last-minute decision tonight by the U.S. Supreme Court to call off the scheduled execution of a Mississippi murderer seemingly signals that there is now a de facto death penalty moratorium in place nationwide. The decision—which was made a mere 15 minutes or so before Earl W. Berry was scheduled…

Oct 30, 2007 11:44 PM CDT

MS Capital Case Could Clear Up Moratorium Debate

The U.S. Supreme Court must consider today whether to grant a stay to a Mississippi inmate who didn’t challenge the state’s lethal injection procedures until Oct. 18. The court’s action could indicate whether the court intends to halt all executions pending a decision on lethal injection in a Kentucky case,…

Oct 30, 2007 12:05 PM CDT

Wildfire Volunteer Lawyers Can Sue Gov’t, Even FEMA

Volunteer lawyers who help victims of the recent Southern California wildfires will no longer be restricted in the kinds of lawsuits they can bring on behalf of their clients. Now lawyers can sue local, state and federal agencies, including the Federal Emergency Management Agency, which sponsors the disaster legal aid…

Oct 29, 2007 8:15 PM CDT

5th Circuit Gets New Judge, Southwick Confirmed

Senators today confirmed Mississippi Judge Leslie H. Southwick to a seat on the 5th U.S. Circuit Court of Appeals despite concerns by some Democrats that his past writings were racially insensitive. There were not enough votes for a filibuster, so Southwick won confirmation by a 59-38 vote, according to the…

Oct 24, 2007 4:21 PM CDT

Under Fire in Congress, DOJ Mulls Jena Case

At a Congressional hearing today, U.S. Department of Justice officials said they are considering a prosecution over the handling of the case of the so-called Jena Six—black youths who apparently were treated much more harshly than whites concerning similar alleged schoolyard crimes in a small town in Louisiana. However, they…

Oct 17, 2007 12:13 AM CDT

Did Dissent in Money Laundering Case Get Justices’ Attention?

Dissents by two conservative judges on the New Orleans-based 5th U.S. Circuit Court of Appeals may have led the U.S. Supreme Court to accept a money laundering case yesterday. That’s the conclusion of the New York Times. The dissenters complained that using the money-laundering law to prosecute a Texas man…

Oct 16, 2007 4:11 PM CDT

High Court Accepts Second Money Laundering Case

The U.S. Supreme Court has accepted a second case that asks justices to settle a circuit split over the interpretation of the federal money laundering statute. Federal appeals courts disagree whether the law permits a conviction if the defendant has merely hidden money, according to the petition for certiorari (PDF…

Oct 15, 2007 3:36 PM CDT

Pro Bono Team Attacks Exec’s Prosecution

A team of pro bono attorneys from four different firms has taken up the cause of a convicted Dynegy Inc. executive and filed a habeas corpus petition seeking his release from prison. By pressuring Dynegy, under threat of prosecution, to renege on its promise of paying defense costs, the federal…

Oct 8, 2007 9:16 PM CDT

Stubborn Juror Won’t Vote

“What do we do when a juror refuses to vote?” That was the handwritten note submitted yesterday to the federal judge overseeing the Holy Land Foundation terrorism financing case, the Dallas Morning News reports. U.S. District Judge A. Joe Fish of Dallas sent the jurors back for more deliberations with…

Oct 4, 2007 2:22 PM CDT

US Judge Reprimanded After Harassment Complaint

An employee’s sexual harassment complaint has resulted in a reprimand against U.S. District Judge Samuel Kent of Galveston. The Judicial Council of the New Orleans-based 5th U.S. Circuit Court of Appeals reprimanded Kent following the complaint of former case manager Cathy McBroom, Texas Lawyer reports. The council’s order (PDF) of…

Oct 1, 2007 10:45 AM CDT

5th Circuit OKs Super-Long Enron Brief

Ordinarily, the New Orleans-based 5th U.S. Circuit Court of Appeals looks with “great disfavor,” according to its own rules, on long-winded briefs. But the appellate court should make an exception in the unusually complex case of former Enron Corp. CEO Jeffrey Skilling’s appeal of his conviction in a securities fraud…

Sep 26, 2007 7:29 PM CDT

Hearing Transcripts to Go Online

The policy-making arm of the nation’s federal courts voted today to make it easier for both lawyers and the public to access court materials. For lawyers, the big news is the plan approved by the Judicial Conference of the United States to put transcripts of district and bankruptcy court proceedings…

Sep 18, 2007 7:01 PM CDT