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18 Sep 2015, 7:10 am
Lowe, supra.The Court of Appeals then outlined the standards it applies in reviewing convictions:We review de novo the district court's judgment denying Lowe's motion for acquittal. [read post]
16 Sep 2015, 1:46 pm
., United States District Court, M.D. [read post]
15 Sep 2015, 9:59 am
Perhaps subsequent courts will distinguish Zamora since the appeal followed a jury verdict against the City. [read post]
15 Sep 2015, 9:04 am
LEXIS 15865 (5th Cir. [read post]
15 Sep 2015, 9:04 am
LEXIS 15865 (5th Cir. [read post]
14 Sep 2015, 6:27 am
Court of Appeals for the Fifth Circuit recently held that an unaccepted offer of judgment does not moot a lead plaintiff’s claim in a putative class action. [read post]
10 Sep 2015, 10:42 am
CITGO Petroleum Corp., No. 14-40128 (5th Cir. [read post]
10 Sep 2015, 8:22 am
This was followed by this exchange with Justice O’Neill: Justice O’Neill: So you would agree with the 5th district that a medical record contains what the hospital says is a medical record. [read post]
10 Sep 2015, 7:30 am
On appeal, the Court ruled that this did not violate double jeopardy, as the mistrial was supported by manifest necessity, as “a verdict of conviction could [have been] reached but would have to be reversed on appeal due to an obvious procedural error. [read post]
10 Sep 2015, 7:30 am
On appeal, the Court ruled that this did not violate double jeopardy, as the mistrial was supported by manifest necessity, as “a verdict of conviction could [have been] reached but would have to be reversed on appeal due to an obvious procedural error. [read post]
8 Sep 2015, 5:42 pm
Notoriously, in the days of segregation some district judges in the 5th Circuit acted in biased ways against civil rights plaintiffs even though they knew it would make reversing them all the easier. [read post]
4 Sep 2015, 11:59 am
United States (5th Cir. 2013) illustrates this: When Sikh IRS agent Kawaljeet Tagore sought a religious exemption from IRS’s no-weapons-in-the-workplace policy for her kirpan (a 3-inch dulled symbolic dagger), the court concluded that accommodating the request was an “undue hardship,” but allowed the RFRA claim to go forward, so that the trial court could determine whether denying the exemption “furthers a compelling government interest with the… [read post]
4 Sep 2015, 11:37 am
The district court (Judge Fallon) disagreed, and this appeal followed. [read post]
4 Sep 2015, 11:37 am
The district court (Judge Fallon) disagreed, and this appeal followed. [read post]
3 Sep 2015, 6:36 am
Housing Auth. of Baltimore City, 984 F.2d 622, 632 (4th Cir. 1993) (finding district court abused its discretion in refusing to consider regulatory agency’s assessment of defendant’s compliance with agency regulations and noting that the district “court should welcome [the agency’s] appraisal of [the defendant’s] compliance with regulations, given its concern for deference to agency interpretations of its own regulations”). [read post]
2 Sep 2015, 8:00 am
The Illinois Appellate Court for the 5th District reversed that ruling, concluding that “the trial court erred in refusing to follow Stanton and begin calculations after the settlement has been reduced by attorney fees and costs. [read post]
2 Sep 2015, 4:00 am
On Monday, the U.S. 5th Circuit Court of Appeals heard oral arguments in Brown v. [read post]
27 Aug 2015, 10:57 pm
Police Use of Deadly Force Denounced by Amnesty International & UN Human Right Council Earlier this year, Amnesty International reported its findings that 50 States and the District of Columbia in the USA failed to comply with the international standards on the use of lethal force. [read post]
26 Aug 2015, 7:04 am
It depends on how district courts interpret the Burton opinion. [read post]
26 Aug 2015, 4:21 am
The court of appeals disagreed. [read post]