Search for: "UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT"
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29 May 2012, 4:13 am
The United States Court of Appeals for the Fifth Circuit ruled that an arbitrator exceeded his powers by ordering class arbitration without a sufficient contractual or legal basis for doing so. [read post]
13 Mar 2018, 9:00 am
Appx. 237 (5th Cir. 2017), the United States Court of Appeals for the Fifth Circuit affirmed an $81 million civil penalty assessment under the federal Clean Water Act (“CWA”) against CITGO Petroleum Corp. [read post]
1 Feb 2021, 12:12 pm
In a decision of considerable significance in the world of wage and hour litigation, the United States Court of Appeals for the Fifth Circuit significantly departed from conventional standards for assessing conditional certification under Section 216(b) of the Fair Labor Standards Act (“FLSA”). [read post]
11 Sep 2014, 2:39 pm
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s decision not to compel arbitration in an oil & gas dispute. [read post]
9 Jul 2015, 9:46 am
The Fifth Circuit Court of Appeals recently slammed the United States Department of Labor with a finding of abusive conduct and ordered an award of significant monetary sanctions for bad faith, harassment, and abusive litigation. [read post]
1 Oct 2020, 12:01 pm
Recently the United States Court of Appeals for the Fifth Circuit in New Orleans affirmed the granting of summary judgment in favor of a shipyard and against a Longshoreman who was deemed to be the borrowed servant of the shipyard. [read post]
24 May 2013, 9:49 am
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. [read post]
4 Feb 2023, 4:21 am
There is a major ruling this week in the United States Court of Appeals for the Fifth Circuit where a three-judge panel ruled unanimously in United States v. [read post]
16 Mar 2020, 5:00 am
The United States Court of Appeals for the Fifth Circuit has upheld a nearly $63 million arbitration award that was issued against a California company owned by a foreign corporation. [read post]
5 Feb 2019, 8:53 am
The United States Court of Appeals for the Fifth Circuit has overturned an arbitrator’s ruling in a labor dispute that was filed against Texas-based Southwest Airlines. [read post]
21 Oct 2009, 1:40 am
Back from the Supreme Court's decision in United States v. [read post]
15 Feb 2010, 4:30 am
Did they really think the judges of the United States Fifth Circuit Court of Appeals would not see right through it? [read post]
1 Oct 2020, 12:01 pm
Recently the United States Court of Appeals for the Fifth Circuit in New Orleans affirmed the granting of summary judgment in favor of a shipyard and against a Longshoreman who was deemed to be the borrowed servant of the shipyard. [read post]
8 Mar 2024, 9:00 am
A federal appeals court panel in New Orleans is poised to uphold a lower court ruling enjoining the enforcement of the Affordable Care Act's (ACA) requirement that most private health insurance cover recommendations of the United States Preventive Services Task Force (Task Force). [read post]
20 Oct 2016, 1:00 pm
Schneiderman, on appeal from the Second Circuit Court of Appeals, in order to resolve a circuit split involving whether state “no-surcharge” laws violate the First Amendment. [read post]
25 Aug 2014, 1:50 pm
On July 7, 2014, the Fifth Circuit decided an interlocutory appeal in United States ex rel. [read post]
14 Mar 2016, 10:32 am
Because the arbitration plan was illusory and Nelson was not bound by the agreement, the United States Court of Appeals for the Fifth Circuit reversed the Northern District of Texas’ order compelling arbitration and remanded the case. [read post]
26 Jul 2013, 8:08 am
By Greg Johnson and Stephen Wiegand In a July 17, 2013 decision, the United States Court of Appeals for the Fifth Circuit vacated a $6 million dollar penalty levied under the Clean Water Act (“CWA”) against CITGO Petroleum Corporation (“CITGO”) and remanded the matter to the Western District of Louisiana for further consideration. [read post]
Fifth Circuit Vacates DOL Fiduciary Rule While SEC Pushes Forward with Goal of Fiduciary Duty Reform
27 Mar 2018, 3:34 pm
It is uncertain whether the DOL will request that the Fifth Circuit rehear the case, appeal the case to the United States Supreme Court, or do nothing. [read post]
9 Jan 2007, 6:48 am
Dec. 12, 2006), the United States Court of Appeals for the Fifth Circuit granted the petition for panel rehearing, withdrew its earlier panel opinion, and held that Louisiana law did not apply to a settlement agreement that arose out of earlier litigation over mineral servitudes. [read post]
