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Title: Civil Procedure
Author: Floyd, Daisy H.
Abstract: The Fifth Circuit decided a number of cases during the survey period in which it established new rules or clarified existing law. The decisions discussed in this article represent the court's activity in a myriad of procedural areas. The cases are grouped according to their common themes with special attention given to the more significant decisions. In addition to being affected by Fifth Circuit decisions, the law of the circuit has been affected by the Supreme Court's action in two cases arising out of the Fifth Circuit. In Edmondson v. Leesville Concrete Co., the Supreme Court reversed the Fifth Circuit's en banc decision in which the Fifth Circuit had rejected the civil application of Batson v. Kentucky- to peremptory challenges in criminal actions. The Fifth Circuit fared better, however, in Chambers v. Nasco, Inc., in which the Supreme Court affirmed the Fifth Circuit's decision that a district court has inherent power to impose sanctions upon a party and his attorney for bad faith conduct.
Related Resources: Click to follow Hein Online link Click to follow Westlaw link
Date: 1992

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