Trend Results : "Fifth Circuit"

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Two 5th Cir. Cases That Might Be Headed to SCOTUS

The Fifth Circuit never fails at providing an abundance of cases for the Supreme Court to hear. With about a month and a half left in the term, the Court has several petitions from the Fifth Circuit itself -- as well as other courts in that circuit -- to consider.......

'Ministerial' Plan Administrators Aren't ERISA Fiduciaries

Humana, as a third party service provider to an ERISA benefit plan, cannot sue under the Act to recover funds paid out, since it was not an ERISA fiduciary, the Fifth Circuit ruled on Monday. Rather, under the plan management agreement, Humana's role was simply ministerial, more akin to......

Comparable Employee Must be Close Match for Age Discrim Claim

For a claim of age discrimination to withstand summary judgment, a plaintiff must show that he or she was treated differently from similarly, very similarly, situated employees because of his or her age, the Fifth Circuit reminded us yesterday. While those similar employees don't have to be identical they......

Britney Spears and P2P File Sharing Can't Save Man From Sentence

A Texas man convicted for possession and distribution of child pornography won't have his sentenced revisited, the Fifth Circuit ruled on Tuesday. Peter Groce had been convicted for receiving child pornography, with a sentencing enhancement for distributing child porn in a bartered exchange. Groce's child porn crimes were committed......

Texas Voter ID Law Goes Before 5th Circuit Panel

Today was a big day for oral arguments, but not just in D.C. While the Supreme Court grappled with gay marriage and lethal injection, the Fifth Circuit heard panel arguments over Texas's voter ID law. Texas's law requires voters to produce specific types of identification in order to cast......

Oral Argument Today on Fifth Circuit Case Challenging Obama’s Most Recent Amnesty

There is an important oral argument taking place today in the Fifth Circuit regarding Obama’s amnesty. First, a paragraph of background: there have been two amnesty-related cases of note percolating through the Fifth Circuit, and it’s important to keep them straight. One case has been around a while: the challenge to Obama’s action on the […]

Reverse Sting Was Not Entrapment, Did Not Violate Due Process

The federal government's "reverse sting" operation on five defendants was not entrapment or a violation of due process, the Fifth Circuit held on Monday, in an unpublished decision. The defendants' unlucky story began when the group met with a disgruntled cocaine trafficker, Richard Zayas. Zayas was looking for help......

Panel named for initial executive amnesty appeal

(Paul Mirengoff) The Fifth Circuit has announced the panel that will hear the Obama administration’s request to lift Judge Hanen’s preliminary injunction of the president’s Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). Show More Summary

Guest Post: A New Way on Affirmative Action

By Richard D. Kahlenberg Next week, the Fifth Circuit Court of Appeals will hear a new challenge to racial preferences at the University of Texas. The litigation once again raises the question: should programs continue to emphasize race...Show More Summary

Morning Wrap: New Details in DLA Lawyer's Killing | DOJ's Reaction to Immigration Ruling

The feds like what they saw in the Fifth Circuit earlier this week in an immigration case. Police reveal new details in the killing of DLA Piper associate David Messerschmitt. And a New York photographer beats privacy claims over shots he took of unsuspecting residents. This is a roundup of legal news from ALM and other publications.       

181 House Democrats File Brief in Support of the Obama Administration's Immigration Executive Actions

I was proud to join 180 House Democrats in filing an amicus brief in support of the Obama Administration's appeal in the Fifth Circuit case of Texas v. United States. The case reached the Fifth Circuit after a federal district courtShow More Summary

Officer's 200 Foot Mistake Makes Cocaine Inadmissible

Evidence of a man's possession of cocaine following a traffic stop must be suppressed because of the officer's unreasonable mistakes of law and fact, the Fifth Circuit ruled on Monday. In stopping a driver for failing to signal sufficiently before changing lanes, Texas Highway Patrol Officer was wrong not......

Date Set for Arguments in Obama Immigration Case

The Fifth Circuit is set to hear arguments next month in the lawsuit over President Obama's executive actions on immigration, the court has announced. Each side will be given an hour for their arguments which will take place April 17th, in New Orleans. The case, Texas v. United States,......

Fifth Circuit schedules hearing in executive amnesty case

(Paul Mirengoff) The United States Court of Appeals for the Fifth Circuit has issued an order that sets oral argument in Texas v. United States for April 17. This is the case in which Texas and other states challenge President Obama’s executive amnesty. Show More Summary

BP Employees Can't Be Charged for Deepwater Horizon Deaths: 5th Cir.

Two high-ranking BP employees working on the Deepwater Horizon oil-drilling platform when it exploded on April 20, 2010, can't be charged with 23 counts of "seaman's manslaughter," the Fifth Circuit ruled last week. The issue here is statutory interpretation, and much like the Supreme Court's recent decision that a fish......

Federal appeals court says Texas owes $3 million in legal fees following voter ID case

2 months agoNews : The Raw Story

A U.S. appeals court said on Tuesday the state of Texas must pay about $3 million in legal fees to plaintiffs after being on the wrong side of a civil rights lawsuit over voting. The U.S. Court of Appeals for the Fifth Circuit said a lower court made a mistake when it allowed Texas to avoid paying...

Don’t Get Too Excited About That Fifth Circuit Case on Obama’s Amnesty

You may have heard about a case pending in the Fifth Circuit challenging Obama’s amnesty for “dreamers.” Don’t get too excited about it. First, let’s set the stage. Allahpundit, commenting on Obama’s grand plan to raise taxes through executive action (about which more here) says: All that said, this is actually good news. The more […]

Tax Roundup, 2/26/15: Fifth circuit bails out abandonment. And: gas up before Sunday, Iowa!

Fill ‘em up Saturday. Iowa’s Governor Branstad signed a 10-cent per gallon gas tax boost into law yesterday. It takes effect […]

“Activist theater” and the campaign against Judge Edith Jones

3 months agoIndustries / Law : Overlawyered

Tamara Tabo has some choice things to say following judges’ unanimous rebuff to a bogus ethics complaint against Fifth Circuit Judge Edith Jones: “Using professional misconduct proceedings to harm an ideological rival is worrisome. …It was weakly supported, politically motivated, self-serving, and opportunistic. Show More Summary

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