BAFFC
@BAFFC
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The Bar Association of the Fifth Federal Circuit is committed to raising the standards of proficiency and integrity in federal appellate practice.
New Orleans, LA
Joined May 2011
US v Fucito: #5thCir, in distribution of child porn case, affirms #sentencing enhancement & clarifies #USSG: Halverson doesn't require actual receipt of valuable consideration; duplicate electronic images are distinct images #appellatetwitter #lawtwitter
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Doe v Ferguson: #5thCir grants #qualifiedimmunity to school-district officials: complaint didn't plausibly allege they possessed subjective knowledge of sexual abuse by bus driver despite district's possession of video #concur #appellatetwitter #lawtwitter
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Whittier v Ocwen Loan: #5thCir affirms dismissal: court lacked ancillary #jurisdiction to enforce #settlement agreement where order of dismissal did not incorporate settlement terms or expressly retain jurisdiction #appellatetwitter #lawtwitter
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Ikome v Bondi: #5thCir denies relief to native of #Cameroon who overstayed visa in 1989: no jurisdiction to review #BIA's affirmance of IJ's continuance denial; #BIA didn't abuse discretion in denying remand #immigration #appellatetwitter #lawtwitter
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US v Hinds County: #5thCir 2-judge panel primarily affirms new injunction & contempt sanction of receivership in case re #unconstitutional conditions of confinement in County's jail system #prison #CRIPA #PLRA #consentdecree #appellatetwitter #lawtwitter
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Parker v Hooper: #5thCir dismisses for lack of #jurisdiction appeal of judgment & remedial order finding #unconstitutional conditions at LA State #Penitentiary: no final, appealable decision or appealable injunction #dissent #appellatetwitter #lawtwitter
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Senechal v Allstate: #5thCir affirms/vacates summary judgment for homeowner's insurer on extracontractual claims: payment of appraisal award & interest defeated #badfaith claims but not #TPPCA claims #insurance #TXlaw #appellatetwitter #lawtwitter
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US v Kidd: #5thCir affirms sentence despite egregious 16-year delay in resentencing after 2007 remand: #dueprocess claim fails for lack of prejudice; new sentence was properly calculated & substantively reasonable #criminallaw #appellatetwitter #lawtwitter
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MD v Abbott: #5thCir denies #rehearingenbanc 9/5 in TX #fostercare system case, after panel vacated #contempt order & $100K daily fines against #TX officials & removed district judge #dissent #sovereignimmunity #dueprocess #appellatetwitter #lawtwitter
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Virden v #Austin: #5thCir affirms: city's ban on campaign fundraising outside one-year period was #unconstitutional; mayoral candidate & donor entitled to nominal damages for #FirstAmendment rights violations #standing #appellatetwitter #lawtwitter
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Parr v Cougle: #5thCir, on interlocutory appeal of discovery issue, rules that ousted members of #library board lack #standing to bring #civilrights claim against #StTammanyParish & councilmember, remands for dismissal #ArtIII #appellatetwitter #lawtwitter
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Great Lakes Dredge v Magnus: #5thCir affirms summary judgment for intervenor: plaintiff lacked competitor #standing to challenge #CPB letter ruling re #JonesAct protection from foreign competition #appellatetwitter #lawtwitter
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US v Garza: #5thCir affirms: on remand for resentencing, district court didn't err in considering additional convictions/sentences imposed since original sentence #USSG #criminallaw #lawtwitter #appellatetwitter
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Elebute v Village Capitol: #5thCir, in second attempt to challenge #foreclosure, dismisses for lack of #jurisdiction appeal of #bankruptcy reopening, affirms dismissal for lack of prosecution #appellatetwitter #lawtwitter
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Cruz-Garcia v Guerrero: #5thCir denies motion for #COA to TX #deathrow prisoner. rejecting arguments re juror's resort to #Bible, exclusion of #DNA evidence, ineffective assistance of counsel #AEDPA #criminallaw #appellatetwitter #lawtwitter
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Damond v Rayville: #5thCir affirms dismissal of former inmate's pro se #Section1983 claims against officers/city/officials for failure to protect, inadequate medical care & retaliation #8thAmendment #civilrights #Prison #appellatetwitter #lawtwitter
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US v Peterson: #5thCir, on guilty plea to possessing unregistered suppressor, affirms denial of pretrial motions: #SecondAmendment didn't apply to suppressor; good faith exception applied to search of home #4thAmendment #appellatetwitter #lawtwitter
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Mirelez v State Farm Lloyds: #5thCir affirms summary judgment for homeowners' insurer: common law & statutory #badfaith claims were precluded by #SCOTX precedent #insurance #appellatetwitter #lawtwitter
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RT @TAMULawSchool: The @BAFFC Regional Appellate Advocacy Seminar will be held at the law school on February 24. Elevate your appellate pra….
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Texas v Trump: #5thCir reverses injunction of Biden's #executiveorder requiring federal contractors to pay $15 #minimumwage: order was valid exercise of authority under #FPASA #remand #appellatetwitter #lawtwitter
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