E. Grady Jolly, Fifth Circuit Judge, writing for a panel including Judge James L. Dennis and Senior Judge Harold R. DeMoss, Jr. of that court holds that a trial court should not have granted summary judgment in a slip-and-fall case, where there was some evidence that the "wet floor" sign that the slipped on might have been there long after the floor had dried and that other actions of the defendant might possibly show negligence.
Hat tip to Lawyers USA Online for this case.
Texas lawyer Bob Mabry kept you up with legal writing and also with appeals courts, particularly Texas's Court of Criminal Appeals and Beaumont Texas's Ninth Court of Appeals.
About Me
- Bob Mabry
- Civil appellate, criminal appellate, and criminal trial lawyer at 704 North Thompson Street, #157, Conroe, Texas 77301-2578, (936) 494-1393.
Showing posts with label James L. Dennis. Show all posts
Showing posts with label James L. Dennis. Show all posts
Thursday, October 28, 2010
Saturday, May 15, 2010
It'll Likely Be a Good Complaint Some Day, But No Time Soon
Fifth Circuit Judge Fortunado P. Benevides, writing for a panel including Carl E. Stewart and Leslie Southwick, reinforced the circuit's view that a district court may
impose a federal sentence that runs consecutively to an undischarged state
sentence. The Eighth, Tenth and Eleventh Circuits agree with the Fives. The government, along with the Second, Fourth, Sixth, Seventh, and Ninth Circuits, take the opposite side. Last year Fifth Circuit Judges Priscilla Owen and James L. Dennis even indicated that they didn't like the ruling. A circuit split like this may well interest the Supreme Court of the United States.
impose a federal sentence that runs consecutively to an undischarged state
sentence. The Eighth, Tenth and Eleventh Circuits agree with the Fives. The government, along with the Second, Fourth, Sixth, Seventh, and Ninth Circuits, take the opposite side. Last year Fifth Circuit Judges Priscilla Owen and James L. Dennis even indicated that they didn't like the ruling. A circuit split like this may well interest the Supreme Court of the United States.
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