United States v. Seale, No. 07 – 60732 (5th Cir. July 30, 2009) The Fifth Circuit en banc court took the unusual step of certifying a question to the Supreme Court. The Fifth Circuit asks: What statute of limitations applies to a prosecution under 18 U.S.C. § 1201 for a kidnapping offense that occurred in 1964 but was not […]
Jenkins v. State & County Mutual Fire Insurance Company, No. 2 – 08-279-CV, 2009 Tex. App. LEXIS 4217 (2nd Dist., June 11, 2009) (Gardner, Walker, Meier) In a case that is sure to reverberate through plaintiffs’ firms, the Fort Worth Court of Appeals recently held that insurance companies are not on the hook for coverage if their insureds […]
Holland v. International Paper Company Retirement Plan, No. 08 – 30967 (King, Garwood, Davis) Holland worked for International Paper (“IP”) for 36 years. He suffered a heart attack, had a pacemaker installed, and wasn’t allowed to return to work as a fire protection specialist – a heavy-duty job. He applied for disability retirement benefits and the Plan Administrator (who was also Vice-President […]
