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Several opinions this week from the Mighty Mighty Fifth Circuit that will be of interest to civil 
practitioners. They run the gamut from Free Speech and Assembly to original federal proceedings seeking discovery for use in a foreign action.
- Ecuadorian Plaintiffs v. Chevron Corporation (pdf), written by Judge Benavides, the Court affirmed an order under 28 U.S.C. § 1782(a) requiring a "foundational deposition." Chevron, which had been sued in Ecuador for environmental damage, sought to establish that an ostensibly neutral expert appointed by an Ecuadoran court was really in cahoots with the plaintiffs.
- International Women's Day March Planning Committee v. City of San Antonio (pdf), again written by Judge Benavides, is a thorough First Amendment test of the parade permitting ordinance enforced by the City of San Antonio. It passed.
- Martin v. Halliburton (pdf), written by Judge King, amends the court's earlier opinion of March 23. The case arose out of the activities of governmental contractors in support of the military effort in Iraq. The Court dismissed the appeal for lack of appellate jurisdiction, holding that the denial of the defendants' assertions of immunity did not fall within the collateral order doctrine.
And that's the way it was. Stay tuned next week for discourse on the hardest instrument to play, and what it has in common with being an appellate lawyer.
© 2012 Andrews Kurth LLPAbout the Author
