Trend Results : "Fifth Circuit"
Blog Post Results (1-20 of 308)
FILTER RESULTS ►The Second Amendment and 18-to-20-Year-Olds
(Eugene Volokh) The Fifth Circuit has voted 8-7 not to rehear NRA v. BATF en banc. The panel decision upholds the federal ban on gun sales by federal firearms licensees to 18-to-20-year-olds; the dissent disagrees. Such a close division on a court of appeals makes it more likely that the Supreme Court will agree to hear the [...]
SCOTUS Press Office Doesn't Proofread Student Newspapers
Lewis and Clark Law School Dean Robert Klonoff has an impressive r?sum?. According to the school’s website, he graduated from Yale Law School, clerked for the Fifth Circuit Court of Appeals, and worked as an Assistant to the Solicitor General. He’s even argued before the Supreme Court eight times. But......
Court Affirms Another FEMA Trailer FTCA Dismissal
Last year, the Fifth Circuit Court of Appeals ruled that displaced hurricane evacuees may not sue the Federal Emergency Management Agency (FEMA) for formaldehyde exposure under the Federal Tort Claims Act (FTCA) because the plaintiffs lacked subject matter jurisdiction. That case only involved Mississippi plaintiffs, but the outcome doesn’t change......
Fifth Circuit Grants En Banc Review of Sex Stereotyping Case
Michael Maslanka has a terrific post at Work Matters about the case. With his permission I am reposting it here: On March 28, the 5th U.S. Circuit Court of Appeals granted the EEOC's Petition for Rehearing En Banc in Equal...
Cato Weighs In With the Court – Cert.-Stage Amicus Edition
Roger Pilon Adam Chandler, a Yale Law grad who recently completed a clerkship with Judge Patrick E. Higginbotham on the U.S. Court of Appeals for the Fifth Circuit, posted a SCOTUSblog piece this afternoon entitled “Cert.-stage amicus All-Stars: Where are they now?” Guess what? Cato’s number 4 on the list, right behind the U.S. Show More Summary
Undertakers' Undertaking Fails: Court Strikes La. Casket Rules
It’s official: Barring Supreme Court review, the St. Joseph Abbey monks can sell caskets in Louisiana. The Fifth Circuit Court of Appeals ruled last week that Louisiana morticians had failed to offer a rational basis for a state rule limiting casket sales to licensed funeral directors, The Associated Press reports.......
Fifth Circuit Strikes Down Casket Sales Limit on Rational Basis Grounds
(Eugene Volokh) The decision is St. Joseph Abbey v. Castille (5th Cir. Mar. 20, 2013), and it strikes down “rules issued by the Louisiana Board of Funeral Directors granting funeral homes an exclusive right to sell caskets.” The court concludes that “mere economic protection of a particular industry” is not “a legitimate governmental purpose,” and that the [...]
Student with Special Needs Gets Second Shot at Section 504 Claim
The Fifth Circuit Court of Appeals ruled this week that a student with special needs who sued the Waco Independent School District for failing to her prevent sexual abuse at school should get another shot at making her case. The court’s ruling, however, highlights the importance of a well-pleaded claim.......
Mississippi Tort Reform Survives Fifth Circuit Ringer
The question of whether the Mississippi statutory cap on noneconomic damages violates the Mississippi separation of powers clause sounds like a question for a Mississippi court. But this week, it was the Fifth Circuit Court of Appeals that decided that the Mississippi tort reform statute didn't conflict with the state's......
Fifth Circuit Affirms Constitutionality of Non-Economic Damage Caps
We've just learned, thanks to a head's up from Skadden's Elliott Davis, that the Fifth Circuit today affirmed the constitutionality of Mississippi's $1 million statutory non-economic damages cap. In Learmouth v. Sears, Roebuck & Co., No. Show More Summary
10 Years of Lies Undermine 'Good Moral Character' Assertion
The distant past can come back to haunt a naturalization applicant. To qualify for naturalization, an applicant must demonstrate that he is "a person of good moral character." In a matter of first impression, the Fifth Circuit Court of Appeals ruled this week that a district court can consider events......
The Fifth Circuit Says No: No “Duty of Additional Communication” Claims, No “Duty to Update” Claims; and Just No to Bartlett
While waiting for next month’s Bartlett oral argument and then the Supreme Court’s decision, and as plaintiffs continue to prod and poke to find ways around Mensing, the Fifth Circuit gave us a nice Valentine’s Day present in Morris v. Show More Summary
La. Chief Justice Johnson Avoids 5th Circuit Battle, Takes Oath
As the final parades roll through New Orleans today, the State of Louisiana can celebrate more than just Mardi Gras. There's a new Chief Justice in town, y'all. And the Fifth Circuit Court of Appeals didn't have to select her. The changing of the guard -- from former Chief Justice......
Lost Homeowners' Association Fees Are Not a Compensable Taking
The Fifth Circuit Court of Appeals decided this week in a matter of first impression that the loss of an association's right to collect assessments on condemned properties does not require just compensation under the Takings Clause of the Fifth Amendment. According to the court, compensating for these types of......
After refusing any ID (even without RFID), Texas student kicked out of school
Attorneys appealed to Fifth Circuit to prevent this injunction, and lost.
Professional Benchslapper Gets Admonished By Fifth Circuit Over His Own Racial Insensitivity
A judge doesn’t understand a fried chicken insult, so he blames the black guy for being over sensitive. Of course this happened in Texas…
Continue reading » Follow Above the Law on Twitter or become a fan on Facebook. Tags: 5th Circuit, Benchslaps, Fifth Circuit, Judge Lynn Hughes, Lynn Hughes, Lynn N. Hughes, Minority Issues, Racism
Delta Towing Wins Out in Legal Tussle
LeBlanc Bland P.L.L.C. announces important Fifth Circuit Maritime Ruling: decision addresses enforceability of liquidated damages provision. An important Fifth
BP Supervisor Must Comply With Medical Orders in Spill Litigation
Last week, the top BP supervisor on the Deepwater Horizon rig lost his appeal to avoid testifying in the upcoming civil case about the 2010 explosion that devastated the Gulf of Mexico, New Orleans' WWL-TV reports. The Fifth Circuit Court of Appeals ruled Jan. 3 that Donald Vidrine must comply......
Court Vacates Cop's Manslaughter Conviction in Katrina Shooting
This week, the Fifth Circuit Court of Appeals found that a former New Orleans police officer convicted of manslaughter for a post-Katrina shooting suffered specific and compelling prejudice because a trial court refused to sever his case from two co-defendants' cases, The Times-Picayune reports. The appellate court vacated his conviction......
Fifth Circuit reverses Gulf of Mexico moratorium contempt ruling
You might remember that after the Deepwater Horizon blowout the Department of Interior issued a six-month moratorium on new deepwater exploratory drilling. An industry consortium challenged the moratorium, winning a preliminary injunction against its enforcement from District Judge Martin Feldman. Show More Summary
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