Trend Results : "Fifth Circuit"

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Texas Vs. Women’s Reproductive Rights

The Supreme Court has been asked to review a June 2015 ruling by the United States Court of Appeals for the Fifth Circuit, which upheld a law that would bolt the doors to 3/4 of the abortion clinics in Texas. This would leave the state’s women, in an area of 268,820 square miles, without ready access to abortion that was “safe and legal.”

Contractor Doctors Can Sue Under 1973 Rehab Act

Further complicating the growing conflict over employees and contractors, the Fifth Circuit recently declared that independent contractors can sue "any program or activity receiving Federal financial assistance" on discrimination suits. According to this circuit, Section 504 (The Rehabilitation Act of 1973) does not adopt the definition of who is covered......

P2P Networks Don't Have a Reasonable Expectation of Privacy

The Court of Appeals for the Fifth Circuit affirmed several criminal counts in a child pornography that centered around reasonable expectation of privacy to a peer-to-peer network. Although the defendant attempted to defend himself pro se, his "several garbled motions" on sovereign citizen theory were not enough to convince the......

Fifth Circuit Affirms District Court Ruling Against Bad-Faith Debtor

The Court of Appeals for the Fifth Circuit took sides against a bad-faith debtor when it reviewed the facts of the case and described the plaintiff's actions as "an exercise in chutzpah." In this Chapter 7 dismissal case, the plaintiff used every trick in the book to "flagrantly and repeatedly......

Ray Nagin's Call for New Trial Is 'Meritless,' 5th Cir. Rules

Remember former New Orleans Mayor Ray Nagin? He was chared and convicted of corruption charges in 2014 and is currently serving his sentence in federal prison in Texas. The Court of Appeals for the Fifth Circuit ruled against Nagin, essentially laughing off his calls for a new trial based on......

JSW Steel Joined in Conspiracy to Tank Competitor, 5th Cir. Affirms

The Court of Appeals for the Fifth Circuit has ordered a major steel company, JSW steel, to pay the equivalent of $156 million in fines, affirming a jury decision that the company was involved in a conspiracy to throttle supply lines to a competitor. The ruling comes as very......

Criminal or Civil? Difference Is Huge in Former Texas AG's Suit

Usually there's no confusing about whether a matter is civil or criminal. But that wasn't the case in a recent Fifth Circuit opinion, released Monday. There, the Fifth Circuit ruled that Dan Morales' appeal to have two key documents disclosed is part of a civil appeal, not a criminal......

SCOTUS Lets Texas Law Stand Limiting Online Veterinary Advice

SCOTUS has let stand a case decided by the Court of Appeals by the Fifth Circuit involving what has been deridingly called occupational speech limits by civil rights advocates. The High Court's decision not to grant the case cert means continued confusion about just how much limitation states can......

5th Cir. Knocks Down Immigration Reform, for Now

President Obama's immigration reform plans won't be coming to fruition anytime soon, thanks to a recent ruling by the Fifth Circuit. The court recently upheld an injunction against the immigration changes, finding that the Obama Administration was unlikely to win on the merits. Twenty-six states, led by Texas, had......

More on the Immigration Ruling as We Head to the Supreme Court

Nearly a week has passed since the Fifth Circuit affirmed the injunction against President Obama’s executive action on immigration, known as DAPA (Deferred Action for Parents of Americans). After digesting the 70-page majority opinion...Show More Summary

Supreme Court Takes First Case on Abortion Since 2007

The Texas Fifth Circuit Court of Appeals decided the state has the right to close the majority of abortion clinics throughout the state.

Obama Seeks Dramatic, Last Minute Review of Immigration Plan

On Monday, the Fifth Circuit struck down President Obama's immigration plan. That plan, which would halt many deportations and provide work permits to five million undocumented immigrants, exceeded the authority of the Executive branch. Now, the President is seeking Supreme Court review, setting up the Court up for a......

Famed court reporter skewers Fifth Circuit ruling against Obama's immigration actions

3 months agoUS Politics / Liberal : Daily Kos

If you wonder whether Monday's Fifth Circuit Court of Appeals decision blocking the implementation of President Obama's immigration actions held any merit, wonder no longer. Former New York Times Supreme Court reporter Linda Greenhouse...Show More Summary

5th Circuit Affirms Immigration Executive Action Preliminary Injunction

3 months agoIndustries / Law : Above the Law

The United States Court of Appeals for the Fifth Circuit on Monday upheld a district court’s preliminary injunction of implementation of a key aspect of the Administration’s immigration executive action.

Coffee Barista's Don't Interact With Customers Enough for Tip Pooling

The Fifth Circuit reversed and remanded a decision by a Texas federal district court in a case that involved barista tips, Montano v. Montrose Restaurant Assoc. The legal issue at bar was whether or not "coffeemen" (aka baristas) are lawfully entitled to a percentage customer tips under a restaurant's......

WH Blasts Court Ruling Striking Down Obama's Executive Amnesty, Of Course

The Fifth Circuit Court of Appeals dealt another blow to President Obama's lawless executive amnesty program earlier this week, drawing a sharp...

After 43 Years in Solitary, This Man Faces “One of the Most Surreal Trials of All Time"

Imagine spending more than four decades in virtual solitary confinement for a crime you've always insisted you didn't commit—and then, when your freedom is finally at hand, having it snatched away. That's the blow the Fifth Circuit Court...Show More Summary

Fifth Circuit Rules President Obama Violated Constitution On Unilateral Immigration Changes

3 months agoNews : Jonathan Turley

A federal appeals court said President Obama’s own words claiming powers to “change the law” were part of the reason it struck down his deportation amnesty, in a ruling late Monday that reaffirmed the president must carry out laws and doesn’t have blanket powers to waive them. The United States Court of Appeals for the […]

Fifth Circuit upholds injunction against Obama’s Amnesty

Greg Abbott sued to stop Barack Obama's administrative amnesty for millions of illegal aliens, back when he was Attorney General. Now he's Governor, and he is winning, along with the other 25 states that joined Texas in suing: the Fifth Circuit Court of Appeals upheld the injunction preventing the President from implementing his amnesty. Show More Summary

President Obama to appeal ruling against his immigration actions to the Supreme Court

3 months agoUS Politics / Liberal : Daily Kos

The Department of Justice announced Tuesday that it would appeal a court ruling that upheld an injunction against President Obama's executive actions on immigration. The 2-1 Fifth Circuit decision, while not unexpected from the conservative...Show More Summary

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