Trend Results : "Fifth Circuit"

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Retired Army Officer Defrauded U.S. Gov't, 5th Circuit Says

It's a disgraceful ending after years in the service, but the Fifth Circuit Court of Appeals refused to disturb a lower court's criminal conviction of a retired U.S. Army Colonel who was earlier found by a jury to have knowingly defrauded the US government. Sixteen counts of wire fraud will......

Breaking: #SCOTUS Denies Emergency Relief in Texas Voter ID Case, But Signals Full Decision in Time for November Elections

The Supreme Court has just issued this order: The application to vacate the stay entered by the United States Court of Appeals for the Fifth Circuit on October 14, 2014, presented to Justice Thomas and by him referred to the … Continue reading ?

Mississippi Attorney General Jim Hood Withdraws Google Subpoena As Google Appeals Court Ruling

last weekIndustries / Law : Techdirt

Earlier this month, the Fifth Circuit appeals court tossed out the lawsuit that Google had filed against Mississippi Attorney General Jim Hood, following Hood's decision to send a subpoena that was written by the MPAA's lawyers, as part...Show More Summary

No Good Faith Required Between University and Students in TX

A Texas case coming out of the Fifth Circuit should remind practitioners to watch your step in Texas with regards to breach of good-faith suits. A student who sued Southern Methodist University for breach of good and fair dealing, but discovered that his relationship with his school fell decidedly outside......

5th Circuit Ruling in Lawyer Speech Case Is a Teachable Moment

A recent Fifth Circuit ruling can be regarded as a teachable moment to attorneys who do not strictly adhere to local court rules governing attorney interactions with previous clients. In general, an attorney cannot make out of court statements that could reasonably be foreseen to have a material prejudicial effect......

5th Circ. Vacates Injunction That Halted Google Child Porn Inquiry

The free speech interests of Internet users and countervailing states' interests will clash in court, according to the Fifth Circuit. The court overturned a lower district court injunction that stopped Mississippi's AG from investigating whether Google's search platform aided illicit Internet traffic including drugs and child porn. Although this is......

OSHA and Walmart: 'Cookie-Cutter' Compliance Won't Do, 5th Circ. Rules

A recent Fifth Circuit ruling, which affirmed OSHRC's interpretation of a key OSHA provision, should prove helpful to companies concerned about compliance issues. Apparently, a cookie-cutter approach simply will not do. As Walmart learned, if you're a company with multiple identical buildings that must be OSHA compliant, it's no good......

Fifth Circuit Remands Helicopter Contract Case

A recent Fifth Circuit case highlights the importance of making sure that indemnity clauses in commercial goods sales are airtight. In Perry Luig v. North Bay Enterprises, the First Circuit Court of Appeals reversed a lower court's ruling that a defendant company should not be heard to present evidence that......

All Was Not Lost: Fifth Circuit Issues En Banc Decision Reversing Panel's Earlier Remand Ruling in Flagg v. Stryker Corp.

The last time we wrote about Flagg v. Stryker Corp., we thought it would be the last time we’d write about Flagg v. Stryker Corp. Pain and frustrated resignation oozed from Bexis’s keyboard as he wrote that a Fifth Circuit panel had ordered remand of the removed complaint, even though defendants had a solid basis for removal. Show More Summary

Disqualify Overachievers From the Supreme Court?

In May, 1970 President Richard Nixon nominated G. Harrold Carswell, then sitting on the Fifth Circuit Court of Appeals, to fill a vacancy on the U.S. Supreme Court created when Abe Fortas resigned under fire. Carswell's record on the...Show More Summary

Appeals Court Overturns Chief Engineer’s Oil Record Book Conviction

On March 14, the U.S. Fifth Circuit Court of Appeals overturned the conviction against Matthaios Fafalios, the chief engineer of the Trident Navigator, who was wrongfully charged and convicted in December 2014 of “failing to maintain an oil record book aboard a foreign-flagged merchant sea vessel, in violation of 33 U.S.C. Show More Summary

Fifth Circuit to Hear TX Voter ID Case En Banc

The Fifth Circuit en banc is hearing the Texas Voter ID case, making the procedural history of the case of Veasey v Abbott even more confusing. The case revolves around the legal implications that arise if the Texas Legislature should be allowed to implement voter ID laws which may be......

Gate Guard v. Perez: the sequel

2 months agoIndustries / Law : Overlawyered

Last month we told the story of a Texas business that managed to clobber the U.S. Department of Labor in court over its challenge to the company’s use of independent contractors. The Fifth Circuit granted the company a substantial award in legal fees to punish the department for its bad faith in litigation. Show More Summary

Fifth Circuit to Texas Lawyer's Creative Brief: 'Two Can Play This Game'

The Fifth Circuit's Court of Appeals decided to play the game of a Texas Attorney who moved for a panel rehearing. A motion itself is nothing new, but the way Texas attorney Chad Flores attempted to make his point certainly bears reflection. He presented the court with a hypothetical conversation......

Texas Voter ID En Banc 5th Circuit Argument Week of May 23

Today’s order: Under Fifth Circuit Local Rule 41.3, the court’s order filed yesterday directing this case be reheard en banc with oral argument vacates the previous opinion and judgment of this court and stays the mandate. Appellants will have until … Continue reading ?

A Voter-ID Battle in Texas

As the 2016 elections near, the entire U.S. Fifth Circuit Court of Appeals will reconsider the state’s voter-ID law.

Lawyer Writes Stupid Brief, Fifth Circuit Lets Him Know

2 months agoIndustries / Law : Above the Law

Lawyer tries to get cute in his briefing and gets mocked hard.

Appeals Court Upholds Law Restricting Louisiana Abortion Doctors

2 months agoNews : NYTimes: News

The Fifth Circuit Court of Appeals voted to allow a 2014 state law requiring abortion doctors to have admitting privileges at nearby hospitals go into effect reducing the number of remaining clinics to two.

Appeals court okays law that will eliminate three of Louisiana's four abortion clinics

2 months agoUS Politics / Liberal : Daily Kos

The Fifth Circuit Court of Appeals ruled Wednesday that a 2014 Louisiana law designed to shutter abortion clinics can now be implemented. The law—Act 620—requires physicians who perform abortions at clinics to obtain admitting privileges at a hospital within a 30-mile radius. Show More Summary

Fifth Circuit Rules Louisiana Clinic Closure Law Can Take Effect, Raising Stakes in Supreme Court Fight

A ruling Wednesday that a Louisiana provision requiring abortion providers to obtain hospital admitting privileges can take effect comes just one week before the U.S. Supreme Court considers the constitutionality of a similar Texas provision. Image:...Show More Summary

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