Trend Results : "Fifth Circuit"


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GMA: Mississippi’s ‘So-Called’ Religious Freedom Law ‘Endorses Bigotry’

On Friday, ABC’s Good Morning America could not contain its disgust over the Fifth Circuit Court of Appeals upholding a Mississippi religious freedom law that protects business owners with religious objections from being forced to participate...Show More Summary

The Logic—or Lack Thereof—Behind the Fifth Circuit’s Decision to Lift an Injunction of an Anti-LGBTQ Law

“This decision is not only deeply upsetting for the rights of LGBT individuals living in Mississippi, but also for the protection of religious liberty in our country,” Roberta Kaplan, lead counsel for the plaintiffs, said in a statement. The post The Logic—or Lack Thereof—Behind the Fifth Circuit’s Decision to Lift an Injunction of an Anti-LGBTQ Law appeared first on Rewire.

More tales of motorist-beware Tenaha, Texas

3 weeks agoIndustries / Law : Overlawyered

From John Ross’s April 28 Short Circuit (Institute for Justice): Readers may recall Tenaha, Tex. officials’ particularly opprobrious abuse of asset forfeiture, which got a write-up in The New Yorker. This week, the Fifth Circuit shares...Show More Summary

Fifth Circuit Says No Warrants Needed To Obtain Near-Real Time Cell Site Location Info

3 weeks agoIndustries / Law : Techdirt

The Fifth Circuit Appeals Court has issued a ruling on cell site location data which basically gives the government permission to engage in real-time tracking without a warrant. The acquisition of historical cell site location data is still the source of much judicial dispute. Show More Summary

Lawyer Sanctioned for Refusing to Answer Judge's 'Yes or No' Question

In an unpublished opinion, a federal appeals court upheld a $500 sanction against a lawyer who refused to answer a judge's question. The U.S. Fifth Circuit Court of Appeals affirmed the sanction against William Hermesmeyer for refusing an order to answer "yes" or "no." In the opinion, the appeals......

3-Judge Court Rejects Texas Request for Summary Judgment, Ability to Appeal to 5th Circuit, in Redistricting Case

Two posts from Michael Li: Court sets stage for trial on 2013 plans Court denies Texas’ request to certify appeal to Fifth Circuit   … Continue reading ?

“Can the police retaliate against a citizen for refusing to answer police questions?”

2 months agoIndustries / Law : Overlawyered

Orin Kerr at Volokh Conspiracy sorts through the complications of a Fifth Circuit case that has arguable Fifth, Fourth, and First Amendment angles. Tags: constitutional law, Fifth Circuit, First Amendment, Fourth Amendment “Can the police...Show More Summary

TEXAS: Fifth Circuit Court Of Appeals Orders State To Pay $600K In Legal Fees To Marriage Equality Plaintiffs

2 months agoLGBT / Gay : Joe. My. God.

The Dallas News reports: Two Texas couples who fought to overturn the state’s ban on same-sex marriage were awarded more than $600,000 in attorneys fees and other costs, a federal appeals court decided this week. Mark Phariss and husband...Show More Summary

Texas's Voter ID Law Was Meant to Discriminate, Court Rules

Texas's voter identification law, widely viewed as one of the harshest in the country, was passed with a discriminatory purpose, a district court in Texas ruled yesterday. The ruling comes on remand from an en banc Fifth Circuit, which ruled last July that the law had a discriminatory effect,......

Breaking: Federal Court in Texas Rules Texas Passed Its Voter ID Law with a Racially Discriminatory Intent

A federal district court has held on remand from the United States Court of Appeals for the Fifth Circuit sitting en banc that Texas enacted its controversial voter identification law with a racially discriminatory intent. If (and it is a … Continue reading ?

Crawfish Producers' Suit Revived Against Southern Natural Gas

A judge erred by not reconsidering a decision based on new evidence crawfishermen discovered in a case against a gas company, a federal appeals court said. The U.S. Fifth Circuit Court of Appeals reversed an order denying a motion for reconsideration In re. Louisiana Crawfish Producers. The appellate panel......

“The Story of Asbestos Litigation in Texas and Its National Consequences”

3 months agoIndustries / Law : Overlawyered

Texas was once the largest center of asbestos litigation in the U.S., with mass recruitment of workers claiming injury from past exposure although displaying no symptoms. Now, more than 40 years after the landmark Fifth Circuit Borel v. Show More Summary

The Oxford Comma Matters, So Says Appeals Court

3 months agoPop Culture / Celebrity : TMZ.com

A bunch of dairy delivery drivers in Maine say the state's overtime law is unclear cause of a missing Oxford comma... and no less than the Fifth Circuit Court of Appeals agreed. The drivers are suing their employer -- Portland-based Oakhurst Dairy…

Fifth Circuit Judge Assails DOJ ‘Arrogance’ in Voting Rights Case”

Texas Lawyer reports. My coverage of Judge Smith’s dissent in the Texas redistricting case is here and here. … Continue reading ?

Fifth Circuit: no cheers for cheerleader suit

4 months agoIndustries / Law : Overlawyered

Missed this one from 2011, with Judge Jerry Smith writing for a Fifth Circuit panel: “Reduced to its essentials, this is nothing more than a dispute, fueled by a disgruntled cheerleader mom, over whether her daughter should have made the squad. Show More Summary

Breaking: Federal Court Denies Motion to Postpone Texas Voter ID Trial, Putting DOJ in Position to Change Sides in Litigation

A federal district court, following a remand from the Fifth Circuit, is considering whether Texas acted with racially discriminatory intent when it passed its controversial voter identification law. The district court had already made a finding that Texas had such … Continue reading ?

You Have a First Amendment Right to Film Police, 5th Cir. Rules

The First Amendment includes the right to videotape police officers, subject only to reasonable time, place, and manner restrictions, the Fifth Circuit ruled last Thursday. The ruling comes after Fort Worth, Texas police officers detained a man for filming their police station from the sidewalk. And it's not terribly......

Deportation Squads Don't Come Cheap, French Women Flocking to Marine Le Pen, Fifth Circuit Affirms Right to Film Police: A.M. Links

4 months agoNews : Reason

Economists and advocates weigh-in on what Trump's plans to escalate deportations would cost (billions) and the effect they could have on the U.S. economy. Chicago Public Schools told principals not to let Immigration and Customs Enforcement...Show More Summary

Appeals Court Says Filming The Police Is Protected By The First Amendment

4 months agoIndustries / Law : Techdirt

In news that will surprise no one, police officers decided they must do something about someone filming the police department building from across the street. That's where this Fifth Circuit Court of Appeals decision begins: with a completely...Show More Summary

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