Federal Courts of Appeals

Fifth Circuit Appoints Levinger to Tackle Constitutional Questions Involving Sovereign Immunity in ADA Prison Case.

Fifth Circuit Appoints Levinger to Tackle Constitutional Questions Involving Sovereign Immunity in ADA Prison Case.

May 26, 2011 in Case Summaries

After Mississippi state prison John Hale filed his pro se brief arguing that he was discriminated against in prison based on a disability, the Fifth Circuit appointed Jeff Levinger to prepare a supplemental brief addressing “whether Title II of the Americans With Disabilities Act validly abrogates Eleventh Amendment immunity for claims that violate Title II but are not actual violations of the Fourteenth Amendment.”  Levinger briefed and orally argued the issue, asserting that Title II did validly abrogate sovereign immunity.  The Fifth Circuit initially disagreed, but at the urging of the U.S. Department of Justice, the Court withdrew its opinion and issued a new opinion remanding the case to the district court for further development of whether Hale had stated a claim under the ADA.  Hale v. King, 642 F.3d 492 (5th Cir. 2011).

Courts:  Federal Courts of Appeals
Subject Matter:  Labor & Employment

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Court Permits Termination of Gas Contract Based on Fear of Theft

Court Permits Termination of Gas Contract Based on Fear of Theft

February 12, 2009 in Case Summaries

Jeff Levinger represented Flint Hills, a crude oil processor, in the appeal of a $700,000 judgment based on its decision to suspend performance under a purchase contract.  The Fifth Circuit reversed, holding that the processor had the right to suspend performance because of uncertainty as to whether the crude oil was stolen, and rendered a take-nothing judgment.  Flint Hills, LP v. JAG, Inc., 559 F.3d 373 (5th Cir. 2009).

Courts: Federal Courts of Appeals
Subject Matter: Oil & Gas/Real Estate
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Court Prohibits Termination of Patent License Agreement

Court Prohibits Termination of Patent License Agreement

July 25, 2008 in Case Summaries

Jeff Levinger represented Canon in the appeal of a judgment against it based on the alleged breach of a patent license agreement.  The Fifth Circuit reversed and held that the plaintiff was not entitled to terminate Canon’s patent license agreement.  Nano-Proprietary, Inc. v. Canon Inc., 537 F.3d 394 (5th Cir. 2008).

Courts: Federal Courts of Appeals
Subject Matter: Intellectual Property
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Fifth Circuit Affirms Judgment for DFW Airport in Qui Tam Lawsuit

Fifth Circuit Affirms Judgment for DFW Airport in Qui Tam Lawsuit

December 27, 2007 in Case Summaries

After serving as appellate counsel for the Dallas-Fort Worth International Airport Board during a three-week jury trial, Jeff Levinger was successful in persuading the Fifth Circuit to affirm the jury’s verdict that DFW did not violate the False Claims Act in submitting grant applications to the Federal Aviation Administration.  The Fifth Circuit found no reversible error in connection with District Judge Barbara Lynn’s evidentiary rulings and jury instructions.  United States ex rel. Heath v. Dallas-Fort Worth Int’l Airport Board, No. 06‑10958 (5th Cir. 2007).

Courts:  Federal Courts of Appeals
Subject Matter:  Securities Matters & Fraud; Business Litigation

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Former Client Not Entitled to Reopen Bankruptcy Case Against Law Firm

Former Client Not Entitled to Reopen Bankruptcy Case Against Law Firm

July 19, 2006 in Case Summaries

Jeff Levinger represented a law firm in the appeal of a bankruptcy court order refusing the plaintiff’s request to reopen a bankruptcy case and to appoint a trustee. The Fifth Circuit affirmed. Industrial Clearinghouse, Inc. v. Jackson Walker, No. 05-10861 (5th Cir. 2006)

Courts: Federal Courts of Appeals
Subject Matter: Ethics & Professional Malpractice
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