The civil-criminal distinction was outcome determinative of the issue presented in Charitable DAF Fund, L.P. v. Highland Capital Management, L.P.: “Highland incurred virtually all its contempt-related expenses because the bankruptcy court permitted extensive discovery and conducted a marathon evidentiary hearing … Continue reading
A long-running discovery dispute in Texas state court led to a contempt order, which in turn led to a federal-court habeas action. The Fifth Circuit noted that habeas relief was potentially available under the Antiterrorism and Effective Death Penalty Act of … Continue reading
The Fifth Circuit reversed a contempt order related to the Bureau of Prisons’ calculation of sentencing credits, noting, inter alia: Oral injunction? An oral injunction can be effective, where, as here: “[T]he oral injunction was not tentative, and the district … Continue reading
Continuing a series of opinions that vacated findings of contempt – most recently in Waste Management v. Kattler, 776 F.3d 336 (5th Cir. 2015) – the Fifth Circuit vacated a contempt finding against an attorney for allegedly encouraging his client to make inappropriate … Continue reading
An attorney challenged sanctions and contempt orders on appeal; one of her major points was inability to pay. The Fifth Circuit reminded that inability to pay is a defense to a charge of civil contempt, as to which “[t]he alleged … Continue reading
The district court ordered Glay Collier, a bankruptcy attorney, to stop advertising for “no money down” Chapter 7 services. Despite efforts by Collier, some online ads remained. The district court found him in contempt and ordered him confined for 48 … Continue reading
A preliminary injunction forbade the Department of Health and Human Services from “acting in accordance with the Notice of Termination . . . relative to [a nursing facility’s] Medicare and Medicaid Provider Agreement”. After the injunction expired, HHS proceeded with termination. Oaks of … Continue reading
In Hornbeck Offshore Services v. Salazar, the Secretary of the Interior appealed a $530,000 civil contempt award. No. 11-30936 (Nov. 27, 2012). After the Deepwater Horizon disaster, the Interior Department imposed an offshore drilling moratorium, which the district court enjoined on … Continue reading
The Fifth Circuit said “enough” as to a district court’s aggressive oversight of the Texas foster-care system, vacating a contempt order and requiring reassignment of the case on remand. Capturing the flavor of the opinion, towards the end of the … Continue reading
The Fifth Circuit recently summarized the sometimes-confusing law about when an adverse ruling about a grand-jury subpoena may be appealed: Our jurisdiction is generally limited to reviewing final decisions of a district court. This rule applies to appeals of orders … Continue reading
In a case about whether a debtor’s discharge order could be enforced in a district other than the one that entered the order – a difficult question generating much analysis over the years – the Fifth Circuit “adopt[s] the language … Continue reading
A recurring issue in litigation about injunctions and similar court orders is how much specificity is required. In In re: Jankovic, a judgment debtor complained about a contempt order requiring his production of tax returns. The specific language required him … Continue reading
The parties settled and filed an unconditional stipulation of dismissal under Fed. R Civ. P. 41(a)(1)(A)(ii). Months later, one of them sought to reopen that action and rescind the settlement, alleging forgery of a key signature. The Fifth Circuit found that “ancillary … Continue reading
In the case of In re Hermesmeyer, No. 16-11189 (May 2, 2017, unpublished), the Fifth Circuit found no abuse of discretion in the $500 sanction imposed by the district court as a result of the below Q-and-A between the court and … Continue reading
Continuing a line of cases involving careful scrutiny of injunctions by the Fifth Circuit, the Court again took issue with an order in Scott v. Schedler. The district court required Tom Schedler, Louisiana’s Secretary of State, to “maintain in force and effect his … Continue reading
Waste Management sued Kattler, a former employee, for misappropriating confidential information and other related claims. A dispute about what information Kattler had in is possession expanded to include a contempt finding against Kattler’s attorney, Moore. Waste Management v. Kattler, No. 13-20356 … Continue reading
The Court released a revised opinion in Hornbeck Offshore Services LLC v. Salazar, which reversed a finding of civil contempt against the Department of Interior about the deepwater drilling moratorium after the Deepwater Horizon incident. No. 11-30936 (Nov. 27, 2012, revised April … Continue reading
The judgment debtors in Seven Arts Pictures v. Jonesfilm were found in civil contempt for failure to answer postjudgment discovery and other issues about enforcement of a judgment. No. 11-31124 (Feb. 18, 2013, unpublished). The Fifth Circuit affirmed, finding that the district … Continue reading
