Search for: "United States Court of Appeals
Fifth Circuit"
Results 1 - 20 of 682
Sorted by Relevance | Sort by
Date
23 Jul, 2006 2:56 pm
... Street sits the magnificent John Minor Wisdom Courthouse, home of the United States
Court of Appeals for the Fifth Circuit. The Fifth Circuit hears appeals from the United States District Courts and the several
state appellate courts in ... interest the petitioner seeks to enforce is an interest the CSA protects, i.e. the petitioner is a "person aggrieved." In this case, the
court ruled that the CSA does not protect the interests of pharmacists in employment. Rather, the CSA protects the interest of ...
29 Feb, 2008 7:42 am
... a recent decision, the Fifth Circuit affirmed a district court's finding of infringement and disgorgement of profits, but increased the amount of profits awarded because the defendant failed to ... in Saudi Arabia.
Even though the products were not sold in the United States, under the Fifth Circuit's decision in American Rice, Inc. v. Arkansas Rice ... portions of the award would come from different
legal theories under Texas law, the court did not permit recovery of both. More detail of Am. Rice, Inc. ...
27 Oct, 2007 7:10 pm
... UNITED STATES COURT OF APPEALS United States Court of
Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D October 26, 2007 No. 07 ... October 2007, challenges the protocol for lethal injection in
Mississippi. Along that line, Berry appeals the dismissal of his 42 U.S.C. § 1983 complaint as well as the denial ... chosen onlythis moment,
with his execution imminent, to challengea procedure for lethal injection that the state has usedfor an even longer period of time. . . . Harris cannotexcuse his delaying ...
13 Nov, 2007 12:51 pm
Addressing an issue of first impression, the Federal Circuit today held that a district court's
decision remanding a case to state court on the basis of declining supplemental jurisdiction was unreviewable. The court determined that this decision ... of this, review was barred by § 1447(d), and the court dismissed the
appeal. This decision puts the Federal Circuit in conflict with several other circuits, including the Third, Fourth,
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits. ...
19 Nov 12:13 pm
... United States Courts of Appeals for the
Fifth Circuit decides more "manifest disregard" of the law cases, we thought that you might be
interested in reading our guest-post ... LLC v. Mattel, Inc. 128 S.Ct. 1396 (2008) and the Fifth Circuit ruling in Citigroup Global Markets, Inc. v. Bacon, 562 F ... term of legal art, is no longer useful in actions to vacate arbitration awards." The
court ultimately ruled that "to the extent that manifest disregard of the law constitutes a nonstatutory ground for vacatur ...
29 May, 2008 7:17 am
... rise to the claim of trademark infringement took place in Mexico, they had a "substantial effect" on United States commerce, and thus were within the court's subject matter jurisdiction. After ruling on subject matter
jurisdiction, the court moved on to the issue of preliminary injunction. The Fifth Circuit affirmed the preliminary injunction, stating the district court did not abuse its discretion
concluding the plaintiff would likely prevail on ...
18 Aug 4:46 pm
In an unpublished opinion, the United States Court of
Appeals for the Fifth Circuit held that section 1782 does
not apply for a discovery motion for use in a private international arbitration. In El Paso Corporation v. La Comision ... , citing Republic of Kazakhstan, explained that "empowering
parties in international arbitrations to seek ancillary discovery through federal courts could destroy arbitration's principal advantage as a speedy, economical, and effective
means of dispute resolution if ...
26 Dec, 2007 9:04 am
... Beyoncé's song "Baby Boy" infringed the plaintiff's work. The district court granted summary judgment of noninfringement based on a lack of
substantial similarity. The Fifth Circuit affirmed, but on the grounds that the plaintiff had not
proven access to the ... of her theories of access, and the remaining theories were too speculative to survive summary judgment. As a result, the Fifth Circuit affirmed the summary judgment of noninfringement. More detail of Armour v. Knowles after the jump.
[More]
18 Sep 3:05 pm
... see our previous posts about this case here and here.] The United States Court of Appeals for the Fifth Circuit held that claims for (1) assault and battery; (2) ... v. Halliburton Co., 625 F.Supp. 2d 339 (S.D. Tex. 2008). In June 2008, Halliburton/KBR
appealed. III. Fifth Circuit Decision ... law split about similar arbitration clauses and
claims premised on sexual assault. The court explained that a liberal construction of "scope of employment" for purposes of workers'
compensation was not necessarily ...
2 Apr, 2008 8:45 am
... Courtroom) of the John Minor Wisdom United States Court
of Appeals Building, 600 Camp Street, in New Orleans. Once all seats are taken in that courtroom, the Fifth Circuit plans to open up additional courtrooms for the expected overflow crowd, and a live audio feed of ...
expected in court." And yesterday, the newspaper reported that "Ex-Enron exec fighting verdict; 5th Circuit in N.O. braces for crowds." The newspaper has also posted online Skilling's opening Brief for ...
6 Jan 2:37 am
In a recent decision of the United States Court of
Appeals for the Fifth Circuit, Safety National Cas. Corp.
v. Certain Underwriters at Lloyd's of London, No. 06-30262 (5th Cir. Sept. 29, 2008), the ... in some way with a state law regulating the business of insurance. There was nothing
in the text or context of McCarran-Ferguson to compel the court to conclude that it contained such an express Congressional direction.
Therefore, McCarran-Ferguson did not cause the Louisiana statute in question to ...
22 Jun 3:00 am
In an unpublished opinion, the United States Court of
Appeals for the Fifth Circuit held that an International
Chamber of Commerce (ICC) arbitral tribunal did not exceed its powers and affirmed the confirmation of the ... "the arbitrators exceeded their powers" because the award is for a claim
of negligence, claim that "it is not rationally inferable from the contract." The court looked into the contract and the parties' submissions
to the tribunal and found that the parties had agreed to submit ...
30 Jul 3:00 am
The United States Court of Appeals for the Fifth Circuit held that a party waived its right to
arbitrate by waiting one year after the suit was filed before seeking to compel arbitration. In Petroleum Pipe Americas Co., v. ... ; and (3) a party's failure to timely assert its
right to arbitrate. After discussing the arguments presented by the parties, the court held that "Jindal substantially invoked the judicial
processby waiting to move to arbitrate until the district court's pronouncements in the ...
25 Aug 5:00 am
The United States Court of Appeals for the Fifth Circuit held that a contract containing a choice of
law and forum clause effectively waives the right to remove to federal court under the New York Convention. In ENSCO ... . ENSCO sued the
Underwriters in Dallas County, consistent with the forum selection clause. However, the Underwriters removed the case to federal court,
claiming removal rights under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (a.k.a. the New York ...
9 Apr 7:11 am
The United States Court of Appeals for the Fifth Circuit recently vacated a portion of a November
2007 ruling against State Farm Fire and Casualty Company, in which plaintiffs ... . 08-30092 (5th Cir. Mar. 11, 2009). (Click here for a copy of the court's decision.) In November 2007, a jury in the Eastern District of Louisiana awarded $365, ... 's defense as to why it did not initially pay the Kodrins'
claim (based on State Farm's belief that non-covered flooding caused the damage to the home as opposed ...
7 Feb, 2008 5:33 am
... Bd., ____ F.3d ____, 2008 WL 171588 (5th Cir. 2008), the United States Court of Appeals for the Fifth Circuit (the federal appellate court circuit that includes Louisiana,
Mississippi, and Texas) issued its first ruling addressing the ... this trend will continue and this new whistleblower protection for employees of publicly-traded companies will not be
unreasonably broadened by the courts. Under SOX, an employee of a publicly-traded company has a private cause of action if he or she is retaliated ...
29 Feb, 2008 6:37 am
... United States Court of Appeals for the Fifth Circuit recently upheld the dismissal of a claim by
two individuals against an insurance agent who sold them renters' insurance because they ... facts that gave rise to their claim. Campbell v. Stone Ins., Inc., No. 07-30206 (5th Cir.
Dec. 5, 2007) (click here for a copy of the Fifth ... point, despite the fact that they signed a form when they initially procured the policy
that stated that they had been offered renters insurance through the NFIP and rejected ...
22 Oct, 2008 9:50 am
The United States Court of Appeals for the Fifth Circuit recently rejected an excess insurer's
arguments in favor of temporal and subject matter stacking and affirmed summary judgment dismissing its subrogation claims against ... Court of
Appeals affirmed, finding that neither temporal nor subject matter stacking was justified under the circumstances. First, the Court of Appeals found that the alleged negligent acts were "related" under the terms of the primary policies and,
therefore, were to be ...
21 Jan 9:00 am
Last week, the United States Court of Appeals for the Fifth Circuit affirmed Jeffrey Skilling's convictions for
conspiracy, securities fraud, making false representations to auditors, and insider trading. The court, ... of a financial institution was
improper because the "retirement plans" are not "financial institutions." Resolving the dispute in favor of the defendant, the court found
retirement plans, like Medicare, is not a financial institution because it does not require registration with the ...
18 Aug 6:08 am
... unpublished two page decision filed August 11, 2009, the United States Court of Appeals for the Fifth Circuit upheld a $21.6 million jury verdict in favor ... Katrina. The decision goes on to note that "All the stores were insured by the same company
("United Fire"), by policies that covered damages from wind, and wind-driven rain, and ... found no reversible error on United Fire's direct appeal and that "there was ample evidence to support bad-faith penalties." To read an article that has an interview ...
Search on: Blawgs.FM | BlawgSearch Google
Co-op | Blawg.com | Bloglines | Feedster | Google Blog Search | Technorati | Google | MSN | Yahoo!