Trend Results : "Fifth Circuit"


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

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

last weekLGBT / 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”

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

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

2 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

2 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

2 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

Judges Will Soon Decide if Christian Prayers Are Legal at a TX District’s School Board Meetings

The Fifth Circuit Court of Appeals heard oral arguments yesterday in a case involving Christian invocations at school board meetings in a part of Texas. The same District has violated the Establishment Clause in many different ways over the past several years.

Transitional Justice

Janai Nelson, Associate Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc., argued Veasey v. Abbott, the pending challenge to Texas's voter ID law, before the Fifth Circuit Court of Appeals en banc. Amid inauguration...Show More Summary

What Happens to Texas's Voter ID Law Now?

The Supreme Court will not be reviewing a Fifth Circuit decision that found Texas's voter identification requirements to be discriminatory. Texas had sought Supreme Court review after an en banc Fifth Circuit ruled, 9 to 6, that Texas's strict voter ID law violated the Voting Rights Act. But the......

Obama administration asks appeals court to throw out ruling against transgender rights

4 months agoUS Politics / Liberal : Daily Kos

Federal lawyers have asked the Fifth Circuit Court of Appeals to overturn a ruling that placed a nationwide injunction on a federal policy ensuring bathroom access to transgender students. Dominic Holden writes: The case at issue, brought...Show More Summary

Worker's Emotional Distress Damages for Retaliation Upheld by 5th Cir.

A federal appeals court ruled that a worker can claim emotional distress damages for an employer's retaliation on a wage claim. The Fifth Circuit Court of Appeals joined other federal circuits in considering remedies available to workers under the Fair Labor Standards Act. The appellate court said the FLSA......

Overtime Case on Maximum Overdrive

The Fifth Circuit will expedite a case to decide whether overtime wages will potentially double for millions of Americans. In a one-page order, the circuit court said it will fast-track the appeal of a preliminary injunction blocking overtime rules that would have taken effect on Dec. 1, 2016. A district......

Patent Infringement Can't Give Rise to Antitrust Liability, 5th Cir. Rules

The Fifth Circuit Court of Appeals let the air out of a $340 million verdict against a syringe manufacturer, sending the case back to the trial court for a recalculation of damages. The court reversed the anti-trust portion of the verdict, but upheld a false advertising claim. As a result,......

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