The Appellate Record : Texas Appellate Lawyer & Attorney Kendall Gray for Fifth Circuit & Supreme Court Appeals

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The Fifth Circuit let go a blast of new opinions this morning.  As always you can check the RSS feed from the Fifth Circuit in the sidebar of the blog.

Several of the new opinions have potential application to the civil practitioner:

• Sullivan v. Leor Energy LLC (pdf) affirms dismissal under Rule 12(b)(6) and involves application of the statute of frauds to an executive compensation dispute under theories of breach of contract, quantum meruit, unjust enrichment, fraud, equitable and promissory estoppel, and “detrimental reliance."  Judge Owen wrote the opinion.
• Schexnayder v. Hartford Life And Accident Co. (pdf) affirms the summary judgment granted to an ERISA claimant seeking disability benefits.  Judge Prado wrote the opinion.
• In Price v. Johnson (pdf) the Fifth Circuit held it lacked jurisdiction to review an order of remand.  The district court had remanded on the ground that a claim for pre-suit discovery under TRCP 202.1 was not a "civil proceeding" and was not removable.  Judge Reavley wrote the opinion.
• In Acevado v Allsups Convenience Stores Inc. (per curiam) (pdf) the Court held that mass joinder of employees in a claim under the FSLA was improper, but that the district court should not have dismissed the entire action for misjoinder. 
• Catlin Syndicate Ltd. v. Imperial Palace of Mississippi Inc. (pdf) involves the computation of business interruption damages.  Judge Prado wrote the opinion. 
• Pendergest-Holt v. Lloyds  (pdf) involves an expedited appeal from a preliminary injunction requiring the insurer to defray defense costs.  Judge Higginbotham wrote the opinion and affirmed the injunction as modified.

And if all that is not enough appellate goodness for you, then check out Anna Christensen's summary on SCOTUSblog about updates to the SCOTUSwiki concerning the Supreme Court's most recent opinions and the causes granted for certiorari review last week.