Erica P. John Fund, Inc. v. Halliburton Company, e

Fifth Circuit

Erica P. John Fund, Inc. v. Halliburton Company, e

Court of Appeals for the Fifth Circuit·Decided August 28, 2014·No. 12-10544·Published

Opinion

Case: 12-10544 Document: 00512749124 Page: 1 Date Filed: 08/28/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED

August 28, 2014

No. 12-10544

Lyle W. Cayce

Clerk

ERICA P. JOHN FUND, INCORPORATED, formerly known as Archidiocese of Milwaukee Supporting Funds, Inc., On Behalf of Itself and All Others Similarly Situated,

Plaintiff-Appellee,

v.

HALLIBURTON COMPANY,

Defendant-Appellant.

LORI A. RUSSO, On Behalf of Herself and All Others Similarly Situated,

Plaintiff

v.

HALLIBURTON COMPANY; DAVID J. LESAR,

Defendants-Appellants,

ERNEST HACK, On Behalf of Himself and All Others Similarly Situated,

Plaintiff

HALLIBURTON COMPANY; DAVID J. LESAR,

Defendants-Appellants,

Case: 12-10544 Document: 00512749124 Page: 2 Date Filed: 08/28/2014

No. 12-10544

POLAR INVESTMENT CLUB, On Behalf of Itself and All Others Similarly Situated,

Plaintiff

v.

HALLIBURTON COMPANY; DAVID J. LESAR,

Defendants-Appellants

Appeal from the United States District Court for the Northern District of Texas

ON REMAND FROM

THE SUPREME COURT OF THE UNITED STATES

Before DAVIS, GRAVES and HIGGINSON, Circuit Judges. PER CURIAM:

This case returns to us on remand from the Supreme Court, No. 13-317, Halliburton Co., et al. v. Erica P. John Fund, Inc., fka Archdiocese of Milwaukee Supporting Fund, Inc. following the Court’s grant of a Writ of Certiorari to consider our affirmance of the district court’s judgment. The Supreme Court reversed our judgment and remanded this case to us for further proceedings consistent with the opinion of the Court. Accordingly, we VACATE the district court judgment. We REMAND this case to the District Court for the Northern District of Texas for further proceedings consistent with the Supreme Court’s opinion.

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Case: 12-10544 Document: 00512749124 Page: 1 Date Filed: 08/28/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED

August 28, 2014

No. 12-10544

Lyle W. Cayce

Clerk

ERICA P. JOHN FUND, INCORPORATED, formerly known as Archidiocese of Milwaukee Supporting Funds, Inc., On Behalf of Itself and All Others Similarly Situated,

Plaintiff-Appellee,

v.

HALLIBURTON COMPANY,

Defendant-Appellant.

LORI A. RUSSO, On Behalf of Herself and All Others Similarly Situated,

Plaintiff

v.

HALLIBURTON COMPANY; DAVID J. LESAR,

Defendants-Appellants,

ERNEST HACK, On Behalf of Himself and All Others Similarly Situated,

Plaintiff

HALLIBURTON COMPANY; DAVID J. LESAR,

Defendants-Appellants,

Case: 12-10544 Document: 00512749124 Page: 2 Date Filed: 08/28/2014

No. 12-10544

POLAR INVESTMENT CLUB, On Behalf of Itself and All Others Similarly Situated,

Plaintiff

v.

HALLIBURTON COMPANY; DAVID J. LESAR,

Defendants-Appellants

Appeal from the United States District Court for the Northern District of Texas

ON REMAND FROM

THE SUPREME COURT OF THE UNITED STATES

Before DAVIS, GRAVES and HIGGINSON, Circuit Judges. PER CURIAM:

This case returns to us on remand from the Supreme Court, No. 13-317, Halliburton Co., et al. v. Erica P. John Fund, Inc., fka Archdiocese of Milwaukee Supporting Fund, Inc. following the Court’s grant of a Writ of Certiorari to consider our affirmance of the district court’s judgment. The Supreme Court reversed our judgment and remanded this case to us for further proceedings consistent with the opinion of the Court. Accordingly, we VACATE the district court judgment. We REMAND this case to the District Court for the Northern District of Texas for further proceedings consistent with the Supreme Court’s opinion.

Erica P. John Fund, Inc. v. Halliburton Company, e, (5th Cir. 2014).

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