Trend Results : Fifth Circuit

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Lawyer, Trustee Bills Estate for Vacation, Gets Removed for Cause

If you're going to couple business travel with a family trip, don't bill your client for your vacation expenses. That's the lesson from a recent Fifth Circuit ruling upholding the removal of a bankruptcy trustee who billed the estate for his family's extended stay in New Orleans during oral......

CLE on Successful Appellate Advocacy in the 5th Circuit

The Fifth Circuit isn't a bad place to practice if you want to be on the forefront of some of the nation's most pressing legal issues. From 3D-printed guns, to Bird Law, to immigration, abortion and voting rights, the Fifth Circuit makes news. But how do you make it as......

Fifth Circuit Adopts Narrow Reading of Bird Protection Law

There's some big news for Bird Law practitioners out there. The Fifth Circuit has ruled that the oil and gas company Citgo did not violate the Migratory Bird Treaty Act when it unintentionally killed birds who landed in an uncovered oil separator in Texas. The Fifth's narrow reading of the......

“Voter ID Battle: Texas Seeks Rehearing, DOJ Seeks Injunction”

Texas Lawyer: Texas has asked the full bench of the U.S. Court of Appeals for the Fifth Circuit to rehear civil rights plaintiffs’ case against the state’s voter ID law after a three-judge panel from the same court ruled that … Continue reading ?

Doctor Appeals Tax Evasion Conviction Over Alleged Fake Church  

A Mississippi orthopedic surgeon, Dr. Timothy Dale Jackson of Pass Christian, Mississippi, has appealed his conviction for income tax evasion to the Fifth Circuit Court of Appeals. He is serving more than six years in prison. In addition to prison, he was ordered to pay the taxes, a fine, and interest totaling more than $800,000. […]

3D Gun Printers Take Their Case to the Fifth Circuit

3D printers promise to allow anyone to create complex objects at home. For a few hundred dollars, you can pick up a consumer-grade 3D printer and start printing out toys, architectural models, or firearms. Yep, it's pretty easy for anyone with a 3D printer to print out a gun......

Fifth Circuit: DOJ Failed to Investigate Misconduct of Prosecutors Who Published James O’Keefe

Well, they didn’t say it in quite those words, of course... but that’s the effect of their opinion. I don’t have the time or energy to blog this that I once had, but regular readers will remember that I have written extensively about the perfidy of the New Orleans federal prosecutors who […]

Fifth Circuit upholds mandatory self-abnegating disclosure to correct competitor's harassment

last monthIndustries / Law : 43(B)log

Test Masters Educational Services, Inc. v. Robin Singh Educational Services, Inc., No. 13-20250 (5 th Cir. Aug. 21, 2015) The parties, test prep companies, have competing claims to TESTMASTERS as a trademark, and have been litigating for over a decade. Show More Summary

Court Reverses Previous Decision; Upholds Suspension For Student Who Rapped About School Employee Misconduct

last monthIndustries / Law : Techdirt

Late last year, we covered a Fifth Circuit Court of Appeals decision pertaining to a high school student who was suspended from school because he uploaded a "disruptive" rap song to his Facebook account. While the song was vulgar and...Show More Summary

En Banc Fifth Circuit Erodes Student Speech Rights

Off-campus speech gets kid punished and the Fifth Circuit thinks that's just fine.

5th Circuit: Donee's Liability For Billionaire's Unpaid Gift Tax And Interest Cannot Exceed The Amount Of The Gift

A divided Fifth Circuit withdrew an earlier opinion (771 F.3d 854 (5th Cir. 2014)) and held that the heirs of J. Howard Marshall (who was married to model Anna Nicole Smith) are not liable for gift tax and interest beyond the value of a gift from Marshall on which he...

Microsoft Files Antitrust Suit Against InterDigital

Back in February, InterDigital failed to revive the patent-infringement claims against Microsoft. U.S. Court of Appeals for the Federal Circuit said that four InterDigital patents weren’t infringed and a fifth is invalid. The court upheld a decision by the U.S. International Trade Commission, which rejected InterDigital’s bid to block phones made by Microsoft. Back in […]

Texas Voter ID Law Has Discriminatory Effect, 5th Rules

Texas's voter ID law has a "discriminatory effect" in violation of the Voting Rights Act, the Fifth Circuit ruled today. The law required voters to produce specific types of photo identification in order to vote. Concealed gun licenses were allowed; student IDs were not. Opponents of the law argued......

Texas Voter Suppression Law Struck Down

Fifth Circuit panel has declared Texas’s voter ID law unconstitutional, setting up a potentially huge Supreme Court battle. The plaintiffs, including individual voters, civil rights groups and the Department of Justice, said it was discriminatory because a far greater share of poor people and minorities do not have these forms of identification and lack easy [Read more...]

Breaking and Analysis: 5th Circuit Affirms Texas Voter ID Violates Section 2, Remands on Question of Discriminatory Purpose

[bumping to top] A unanimous panel of the United States Court of Appeals for the Fifth Circuit has issued an opinion which is a great (but not complete) victory for those challenging Texas’s strict voter id law. The court affirms … Continue reading ?

Federal Court Rules Texas Voter ID Law a Violation of Voting Rights Act

A three-judge panel on the federal Fifth Circuit Court of Appeals ruled Wednesday that part of the state's restrictive voter identification law violates a remaining provision of the 1965 Voting Rights Act, saying Texas' SB 14 has the...Show More Summary

5th Circuit: Texas Voter ID Violates Voting Rights Act

Rick Hasen, Election Law Blog: A unanimous panel of the United States Court of Appeals for the Fifth Circuit has issued an opinion which is a great (but not complete) victory for those challenging Texas's strict voter id law. The court...Show More Summary

Appeals Court Strikes Down 'Discriminatory' Texas Voter ID Law

2 months agoNews : Newsweek: US

A U.S. appeals court on Wednesday struck down a Texas voter ID law, saying it violated the U.S. Voting Rights Act through its "discriminatory effects." The decision from the U.S. Court of Appeals for the Fifth Circuit was pertainingShow More Summary

TEXAS: Fifth Circuit Court Of Appeals Slaps Down State's Voter ID Law

2 months agoLGBT / Gay : Joe. My. God.

The Dallas Morning News reports: The Fifth Circuit Court of Appeals ruled Wednesday that Texas’ voter ID law violates the Voting Rights Act — but it also said the law is not a “poll tax.” In an unanimous decision, a three-judge panel ruled that the controversial and Republican-backed measure violated Section 2 of the landmark civil rights law. Show More Summary

Federal court rules that air fresheners and pro-cop stickers are a reason to pull you over

2 months agoHumor / odd : Boing Boing

Air fresheners, rosaries, and pro-police car stickers give cops a justifiable reason to pull over a car, ruled the Fifth Circuit US Court of Appeals. The ruling was based on a 2011 Texas case in which a police officer pulled over a car that had those items on display. Show More Summary

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