Trend Results : "Fifth Circuit"


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Vote in Texas with a gun permit? Sure! All you have is a student ID? Sorry, you can't vote

The Fifth Circuit Court of Appeals began hearing ?a case Tuesday on the legality of the Texas voter ID law. It’s viewed as the most restrictive such law in the nation and the circuit court’s ruling could have impacts well beyond theShow More Summary

“Why the Fifth Circuit’s Decision This Week Could Decide the Fate of Texas’ Voter ID Law”

KUT: On Tuesday a federal appeals court will take a second look at Texas’ controversial voter ID law. It’s one of the biggest voting rights battles ahead of this year’s presidential election, and a ruling from this court could be … Continue reading ?

“Voter ID Meets the Voting Rights Act: The Next Big Voting Rights Battle”

David Gans: Two huge cases challenging new voting restrictions will soon be heard by the federal courts of appeal.  On May 24, the entire Fifth Circuit—the most conservative federal appeals court in the nation—will hear Veasey v. Abbott, Texas’s appeal … Continue reading ?

‘The White Man’s Burden’: A Frank And Funny Interview With Justice Clarence Thomas

Justice Clarence Thomas opened up in a candid, wide-ranging interview with Chief Judge Carl Stewart of the Fifth Circuit.

5th Cir. Gets Technical in a Case Challenging TX Ticket Cameras

The Fifth Circuit rejected a traffic violation camera companies' attempts to drag a challenge to their validity into a federal court. The circuit court held that the more proper venue was Texas' court system. In a wonderfully technical case that would be fit for discussion in any advanced civil procedure......

Is Making a Terror Threat a Crime of Moral Turpitude?

In a case that circles around the question of whether making terrorist threats is a crime of moral turpitude, the Fifth Circuit Court of Appeals moved against the majority convention and remanded the BIA case to be reviewed under a correct application of law. This is a good opportunity for......

Retired Army Officer Defrauded U.S. Gov't, 5th Circuit Says

It's a disgraceful ending after years in the service, but the Fifth Circuit Court of Appeals refused to disturb a lower court's criminal conviction of a retired U.S. Army Colonel who was earlier found by a jury to have knowingly defrauded the US government. Sixteen counts of wire fraud will......

Breaking: #SCOTUS Denies Emergency Relief in Texas Voter ID Case, But Signals Full Decision in Time for November Elections

The Supreme Court has just issued this order: The application to vacate the stay entered by the United States Court of Appeals for the Fifth Circuit on October 14, 2014, presented to Justice Thomas and by him referred to the … Continue reading ?

Mississippi Attorney General Jim Hood Withdraws Google Subpoena As Google Appeals Court Ruling

3 weeks agoIndustries / Law : Techdirt

Earlier this month, the Fifth Circuit appeals court tossed out the lawsuit that Google had filed against Mississippi Attorney General Jim Hood, following Hood's decision to send a subpoena that was written by the MPAA's lawyers, as part...Show More Summary

No Good Faith Required Between University and Students in TX

A Texas case coming out of the Fifth Circuit should remind practitioners to watch your step in Texas with regards to breach of good-faith suits. A student who sued Southern Methodist University for breach of good and fair dealing, but discovered that his relationship with his school fell decidedly outside......

5th Circuit Ruling in Lawyer Speech Case Is a Teachable Moment

A recent Fifth Circuit ruling can be regarded as a teachable moment to attorneys who do not strictly adhere to local court rules governing attorney interactions with previous clients. In general, an attorney cannot make out of court statements that could reasonably be foreseen to have a material prejudicial effect......

5th Circ. Vacates Injunction That Halted Google Child Porn Inquiry

The free speech interests of Internet users and countervailing states' interests will clash in court, according to the Fifth Circuit. The court overturned a lower district court injunction that stopped Mississippi's AG from investigating whether Google's search platform aided illicit Internet traffic including drugs and child porn. Although this is......

OSHA and Walmart: 'Cookie-Cutter' Compliance Won't Do, 5th Circ. Rules

A recent Fifth Circuit ruling, which affirmed OSHRC's interpretation of a key OSHA provision, should prove helpful to companies concerned about compliance issues. Apparently, a cookie-cutter approach simply will not do. As Walmart learned, if you're a company with multiple identical buildings that must be OSHA compliant, it's no good......

Fifth Circuit Remands Helicopter Contract Case

A recent Fifth Circuit case highlights the importance of making sure that indemnity clauses in commercial goods sales are airtight. In Perry Luig v. North Bay Enterprises, the First Circuit Court of Appeals reversed a lower court's ruling that a defendant company should not be heard to present evidence that......

All Was Not Lost: Fifth Circuit Issues En Banc Decision Reversing Panel's Earlier Remand Ruling in Flagg v. Stryker Corp.

The last time we wrote about Flagg v. Stryker Corp., we thought it would be the last time we’d write about Flagg v. Stryker Corp. Pain and frustrated resignation oozed from Bexis’s keyboard as he wrote that a Fifth Circuit panel had ordered remand of the removed complaint, even though defendants had a solid basis for removal. Show More Summary

Disqualify Overachievers From the Supreme Court?

In May, 1970 President Richard Nixon nominated G. Harrold Carswell, then sitting on the Fifth Circuit Court of Appeals, to fill a vacancy on the U.S. Supreme Court created when Abe Fortas resigned under fire. Carswell's record on the...Show More Summary

Appeals Court Overturns Chief Engineer’s Oil Record Book Conviction

2 months agoVehicles / Watercraft : gCaptain

On March 14, the U.S. Fifth Circuit Court of Appeals overturned the conviction against Matthaios Fafalios, the chief engineer of the Trident Navigator, who was wrongfully charged and convicted in December 2014 of “failing to maintain an oil record book aboard a foreign-flagged merchant sea vessel, in violation of 33 U.S.C. Show More Summary

Fifth Circuit to Hear TX Voter ID Case En Banc

The Fifth Circuit en banc is hearing the Texas Voter ID case, making the procedural history of the case of Veasey v Abbott even more confusing. The case revolves around the legal implications that arise if the Texas Legislature should be allowed to implement voter ID laws which may be......

Gate Guard v. Perez: the sequel

2 months agoIndustries / Law : Overlawyered

Last month we told the story of a Texas business that managed to clobber the U.S. Department of Labor in court over its challenge to the company’s use of independent contractors. The Fifth Circuit granted the company a substantial award in legal fees to punish the department for its bad faith in litigation. Show More Summary

Fifth Circuit to Texas Lawyer's Creative Brief: 'Two Can Play This Game'

The Fifth Circuit's Court of Appeals decided to play the game of a Texas Attorney who moved for a panel rehearing. A motion itself is nothing new, but the way Texas attorney Chad Flores attempted to make his point certainly bears reflection. He presented the court with a hypothetical conversation......

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