March 10, 2014
A panel of the 5th U.S. Circuit Court of Appeals is scheduled to hold its March 11 argument session at Tulane Law School.
The arguments in three cases — before Judges Jacques Wiener Jr. (L ’61), Catharina Haynes and Stephen Higginson — are set to begin at 9 a.m. in the Wendell H. Gauthier Appellate Moot Court Room 110 in John Giffen Weinmann Hall, 6329 Freret St. in New Orleans.
The session is open to the public, with seating on a first-come, first-served basis. The doors are scheduled to open at 8:15 a.m., and once the arguments start, entry/exit will be allowed only between cases. According to court rules, no cell phones, cameras, recording devices or book bags are allowed.
The cases set for argument are
No. 13-20265: United States of America, Appellant vs. Ashley Nicole Richards & Brent Justice. The case concerns the constitutionality of 18 U.S.C. § 48, a statute that Congress enacted in 1999 to target “animal crush videos” depicting abuse to animals in a manner intended to appeal to the sexual interests of those with a particular sexual fetish.
No. 13-50235: Eric M. Sanders, Appellant vs. Harold H. Flanders. The case involves issues concerning patents and legal malpractice. Sanders sued his former patent attorney, Flanders, and the issue on appeal is whether expert testimony is required to demonstrate Sanders was harmed by Flanders’ alleged malpractice.
No. 13-30756: Brand Coupon Network, LLC, Appellant vs. Catalina Marketing Corp., et al. The case involves a dispute between rival Internet coupon companies and issues of intellectual property, trade secrets, Louisiana prescription law and Federal Rule of Civil Procedure 12(b)(6).