New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Regions Equipment Finance Corp v. AT 2400, et al, 2011 U.S. App. LEXIS 8574 and can be found here.
April 2011
New Sovereign Immunity case from Ninth Circuit – Tobar v. USA
New case from the Ninth Circuit Court of Appeals addressing the United States government’s immunity from suits in the law enforcement context. The opinion is Tobar v. USA, 2011 U.S. App. LEXIS 8173 and can be found here.
From the opinion:
Plaintiffs are Ecuadorian crew members of a fishing boat. The United States…
SCOTUS Decides Tribal Case, but What About the Regulatory Taking?
The Supreme Court just decided the case of United States v. Tohono Oodham Nation. This case involved the Court of Federal Claim's jurisdiction to hear a case when a companion case, seeking different relief, was pending in a district court.
United States v Tohono Oodham Nation, No. 09-846 (Apr 26 2011)…
New Admiralty Case from Fifth Circuit – Simmons v. Berglin
New admiralty case from the Fifth Circuit Court of Appeals. It is unpublished, and therefore of limited precedential value, but it does discuss the “Act of God” defense in a Katrina-related fact pattern. The case is Simmons v. Berglin, 2011 U.S. App. LEXIS 23499 and can be found here.
The facts are brief: …
New Case from Eleventh Circuit – Thomas O’ Hagan, et al v. M&T Marine Group, LLC
New case from the Eleventh Circuit Court of Appeals. Will review and comment later, but for now the (unpublished) opinion in the case of Thomas O’ Hagan, et al v. M&T Marine Group, LLC, 2011 U.S. App. LEXIS 8157 and can be found here.
New Longshore Case from Fifth Circuit – Great Southern Oil & Gas Co. v. Dir., OWCP
New LHWCA case from the Fifth Circuit Court of Appeals. It is unpublished (so I’ll be brief) and the opinion is brief but provides an insight on appeals from Administrative Law Judges to the Benefits Review Board. The facts are brief: a worker was injured on a barge in the navigable waters. At issue was…



