Federal Courts of Appeals
Death Sentence Vacated in Habeas Corpus Proceedings
Death Sentence Vacated in Habeas Corpus Proceedings
October 7, 2002 in Case Summaries
Jeff Levinger represented a Texas death row inmate in an appeal from a writ of habeas corpus granting a new sentencing trial based on ineffective assistance of counsel. The Fifth Circuit vacated and remanded the case to the district court. After additional proceedings in state court, the death sentence was vacated and commuted to life with eligibility for parole. Valdez v. Cockrell, 274 F.3d 941 (5th Cir. 2001), reh’g denied, 287 F.3d 392 (5th Cir. 2002), reh’g en banc denied, 288 F.3d 702 (5th Cir. 2002).
Court Upholds Denial of Sanctions and Fees Against Attorney
Court Upholds Denial of Sanctions and Fees Against Attorney
August 26, 2002 in Case Summaries
Jeff Levinger represented an attorney in the appeal of an order denying the opposing party’s request for sanctions and attorney’s fees under 28 U.S.C. § 1927. The Fifth Circuit summarily affirmed. Temple v. American Airlines, No. 01-11569 (5th Cir. 2002).
Subject Matter: Ethics & Professional Malpractice
Court Reverses Order Striking Down Arbitration Agreement
Court Reverses Order Striking Down Arbitration Agreement
November 29, 2000 in Case Summaries
Jeff Levinger represented AFC in the appeal of the district court’s order refusing to enforce AFC’s arbitration agreement on the ground that it violated Texas public policy under Worker’s Compensation Act. The Fifth Circuit reversed and remanded the case for arbitration. Strawn v. AFC Enterprises, Inc., No. 99-41384 (5th Cir. 2000) (unpublished opinion).
Subject Matter: Business Litigation
$8 Million Legal Malpractice Case Settles After Briefs Filed
$8 Million Legal Malpractice Case Settles After Briefs Filed
January 18, 2000 in Case Summaries
Jeff Levinger represented a law firm in the appeal of an $8.0 million judgment by the bankruptcy court in a legal malpractice lawsuit. The case settled in mediation after briefs were filed. Vaughn v. Akin, Gump, Hauer & Feld L.L.P. (filed in the U.S. Court of Appeals for the Fifth Circuit).
Subject Matter: Ethics & Professional Malpractice
Court Affirms Injunction Under Relitigation Exception
Court Affirms Injunction Under Relitigation Exception
June 21, 1999 in Case Summaries
Jeff Levinger represented Next Level in the appeal of an injunction against DSC’s prosecution of a state court lawsuit pursuant to the relitigation exception of the Anti-Injunction Act. The Fifth Circuit affirmed the injunction. Next Level Communications, L.P. v. DSC Communications Corp., 179 F.3d 244 (5th Cir. 1999).
Subject Matter: Procedural & Evidentiary Issues