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

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,......

Sloppy Prescribing and “Unlearned Intermediary” Law

Movantik Ad for OID Mike Magee The term “learned intermediary” is a legal term, first used in 1966, and defined by the Fifth Circuit Court as follows: “Prescription drugs are likely to be complex medicines, esoteric in formula and varied...Show More Summary

Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands

last monthIndustries / Law : 43(B)log

Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, -- F.3d – (5 th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims....Show More Summary

TX 45SW Opponents Try Again to Enjoin the Start of the Project

Austin American-Statesman reports that the coalition of environmental activists trying to block the Texas 45SW project filed a petition for an emergency injunction in the US Court of Appeals for the Fifth Circuit on October 26. The coalition “asks the appellate judges to rule by 4 p.m. Show More Summary

Nico Rosberg maintains title advantage as Ferrari nightmare continues... five things we learned from the United States Grand Prix

Lewis Hamilton's dominance of the Circuit of the Americas continued as he won for the fourth time at the track's fifth race to keep alive his title bid. Here are five things we learned from the US GP.

Obama fights back after judge blocks transgender bathroom mandate

The administration challenged a district judge's injunction by taking its case to the Fifth Circuit Court of Appeals.

United States GP 2016 Preview: Start Time, TV Info, Weather, Schedule, Odds

Sandwiched around a Taylor Swift concert this weekend is the fifth running of the United States Grand Prix at the Circuit of the Americas (COTA) in Austin, Texas. Lewis Hamilton, a three-time winner in the Lone Star state, arrives in desperate need of his first victory since the German Grand Prix at the end of July. Show More Summary

Everybody Else Is Reading This

New York Times To Donald Trump: Come At Me, Bro Above The Law Fifth Circuit Rules On Whether Scanning The Magnetic Stripe On A Card Is A Search How Appealing Search Engine Launches AI-Powered Bot For Patient-Physician Interaction MedCity News GE Buys LM Wind Power For $1.6B For Bigger, Cheaper Wind Turbines Breaking Energy

Watch M.I.A. Perform And Talk On Le Grand Journal

4 months agoMusic / Indie Music : Stereogum

M.I.A. released her fifth and final album AIM this month, and now she’s on her talk show performance circuit. Today, she performed “Borders” and spoke with the folks at French television show Le Grand Journal. M.I.A. played the single ultra-casually in front of a wall of bars. Days prior, she put out a casting call […]

You Have the Right to Remain Silent Even if You Use Encryption

The Third Circuit last week held oral arguments on whether an individual can be forced to decrypt a drive with incriminating information on it. The Fifth Amendment prohibits any person from bring “compelled in any criminal case to be...Show More Summary

Company Policy Must Bend to State Gun Laws

A man who, contrary to his employer's policy, kept a locked gun in his car in the company parking lot can sue for wrongful termination under Mississippi law, says the Fifth Circuit. This case is fundamentally about the clashing of state laws with company policy with regard to dangerous arms.......

“Plaintiffs are only allowed one bite at the sno-ball.”

5 months agoIndustries / Law : Overlawyered

For those who like judicial puns and wordplay, it’s on display in this Fifth Circuit decision on litigation between competitors in the southern Louisiana frozen confection business. [New Orleans Times-Picayune] Tags: competition through...Show More Summary

Endless Sno-ball Battle Comes Again to Fifth Circuit

A ten-year long battle over sno-balls, those frozen cones of shaved ice and sugary syrup, made its way into the Fifth Circuit recently, and it wasn't for the first time. The legal battle over sno-ball syrup flavors and trademarks has brought a pair of Louisiana sno-ball purveyors, SnoWizard and......

States Look to the Supreme Court to Save Voter ID Laws

Voter ID laws have been having a tough summer in federal appellate courts. Less than a month ago, the Fifth Circuit struck down Texas's controversial voter ID law, finding that it had a discriminatory effect. Just a few days later, the Fourth Circuit overturned a similar law in North......

5th Cir.: Mississippi's Gun Laws Trump Company Policy

In a case about the clashing of state laws and company policy with regards to firearms, the Fifth Circuit has sided with the state. A man who, contrary to his employer's policy, kept a locked gun in his car in the company parking lot can sue for wrongful termination under......

5th Cir. Applies Equitable Tolling to Reopening Removal Proceedings

In what looks to be a somewhat rare display of compassion (by immigration standards, that is), the Fifth Circuit remanded an immigration case back to the lower tribunals with the admonishment not to apply certain legal principles "too harshly." Whoa. Immigration advocacy groups have applauded the decision, calling it a......

The Latest Anti-Abortion Stupidity

Texas, recently seen alienating Anthony Kennedy with is draconian anti-abortion measures and — it still doesn’t look right when I type it — alienating the Fifth Circuit with its vote suppression law, is needless to say jumping on the latest terrible policy initiative to emanate from the anti-reproductive rights fever swamp: The hot new trend […]

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