Saturday, March 07, 2015

Fifth Circuit: Carla Frew, et al v. Thomas Suehs, et al

No abuse of discretion in dissolution of consent decree where the explicit terms have been compled with, but a credible showing is made that some implicit aims have not been realized -- the written terms prevail.

No 'law of the case' deference to District Judge's construction of terms.

FRCP terms addressing termination of order / satisfaction of judgment should be construed liberally.

Carla Frew, et al v. Thomas Suehs, et al
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.