Search for: "In the United States Court of Appeals for the Fifth Circuit"
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10 Jul 2022, 4:51 pm
United States (No. 21-40680), the Fifth Circuit heard argument over the validity DHS’s 2012 memorandum establishing the DACA policy. [read post]
25 Oct 2022, 9:20 am
A three-judge panel of the United States Fifth Circuit Court of Appeals held that the CFPB’s funding structure is unconstitutional. [read post]
6 Mar 2014, 10:03 am
As previously reported here, the United States Court of Appeals for the Fifth Circuit reversed. [read post]
15 Aug 2011, 3:41 pm
McKesson Corporation, No. 10-60376, 2011 WL 3370344 (Aug. 5, 2011), the United States Court of Appeals for the Fifth Circuit addressed which complaint - the original or first amended - was relevant in determining whether the relator's claims were barred by public disclosure provisions of the False Claims Act. [read post]
7 Nov 2021, 3:34 pm
Yesterday (6 November 2021), a three judge panel of the United States Court of Appeals for the Fifth Circuit, granted an emergency stay prohibiting enforcement of the rules for now, saying they raise “grave statutory and constitutional issues. [read post]
19 Aug 2020, 7:40 am
., 2020 WL 4432025, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 3, 2020, that the Longshore Harbor Workers’ Compensation Act may apply to an injury in state territorial waters if there is a substantial nexus between an employee’s injury and his employer’s, both direct and statutory, extractive operations on the Outer Continental Shelf. [read post]
26 Dec 2021, 9:15 am
After a slow summer on the FRAND licensing front, the Court of Appeals for the Fifth Circuit’s ruling in the matter of HTC v. [read post]
20 Jan 2012, 5:00 am
The United States Court of Appeals, Fifth Circuit, issued an opinion discussing whether cure awarded in a Jones Act claim should include the amount medical providers charged or the amount they accepted as full payment from a plaintiff’s insurer. [read post]
26 Feb 2019, 7:46 am
The United States Court of Appeals for the Fifth Circuit has ruled a federal district court committed error when it ordered JPMorgan Chase Bank to notify thousands of current and former employees who signed an arbitration agreement waiving their right to engage in collective action against the company about a pending class action case. [read post]
13 Jan 2018, 10:46 am
By Lou Grossman On January 9, 2008, a split panel of the United States Fifth Circuit Court of Appeals affirmed an order from the district court, denying a motion to remand a matter removed under the Class Action Fairness Act (“CAFA”). [read post]
15 Mar 2023, 5:01 am
The Fifth Circuit's decision in United States v. [read post]
25 Mar 2016, 10:27 am
Finally, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s order compelling arbitration. [read post]
2 Sep 2014, 10:25 am
The United States Court of Appeals for the Fifth Circuit has refused to order an insurance company to pay an arbitral award in a construction defect case. [read post]
27 Mar 2013, 4:30 pm
The United States Court of Appeals for the Fifth Circuit stayed (pdf) an injunction issued by the United States District Court for the Southern District of Texas requiring the State to prepare a habitat conservation plan for the purpose of obtaining an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act (ESA). [read post]
17 Jul 2017, 8:13 am
On July 7, 2017, the United States Fifth Circuit Court of Appeal, in Associated International Insurance Company v. [read post]
17 Jul 2017, 8:13 am
On July 7, 2017, the United States Fifth Circuit Court of Appeal, in Associated International Insurance Company v. [read post]
13 Aug 2012, 12:45 pm
On June 18, 2012, the Fifth Circuit issued its opinion in Halo Wireless, Inc. v. [read post]
30 Jun 2014, 9:10 pm
This month the federal Fifth Circuit Court of Appeals, which hears appeals from Texas, delivered a surprising appellate decision on overtime pay for workers in long haul freight transport in Allen v. [read post]
26 Jun 2013, 7:22 am
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 12–307. [read post]
22 Mar 2014, 3:37 pm
On facts very similar to those of the instant case, the United States Court of Appeals for the Fifth Circuit, vacated a sentence imposed for escaping from custody after being arrested on a felony charge, and remitted the matter to the trial court to modify the judgment to reduce the conviction to escaping from custody after being arrested on a misdemeanor charge. [read post]