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26 May 2023, 1:21 pm
In Hernandez v Erazo, 2023 WL 3175471 (5th Cir.,2023) the Fifth Circuit denied the motion by Respondent-Appellant Ruth Sarai Erazo to stay pending appeal the district court order granting the petition for the return of her minor child to his father in Mexico pursuant to the Hague Convention. [read post]
26 May 2023, 1:08 pm
See Black’s Law Dictionary 1176 (5th ed. 1979). [read post]
26 May 2023, 1:07 pm
The court observed that A district court has inherent authority to manage its docket, including the power to stay proceedings. [read post]
26 May 2023, 11:37 am
The Fifth Circuit affirmed the federal district court’s order denying[3] SRA-L’s Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction by applying the Circuit’s well-established six-factor test of Clark v. [read post]
24 May 2023, 4:16 pm
This appeal followed. [read post]
24 May 2023, 11:02 am
Court of Appeals for the 5th Circuit, by a divided vote, rejected those arguments, holding that Harness and Karriem had not demonstrated that the current version of the act “was motivated by discriminatory intent,” and that Mississippi had “conclusively shown that any taint associated with [the provision] has been cured. [read post]
24 May 2023, 6:37 am
DA Office Statements About the Tax Scheme The district attorney’s office has made the following statements in relation to tax violations. [read post]
24 May 2023, 4:00 am
The Third District Court of Appeal found Newtown failed to provide any facts related to how the firefighter was an expert in ground evacuation routes. [read post]
22 May 2023, 10:58 am
In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three high-rise office towers (the “Project”) on an eight-acre downtown site containing several historic structures which the Project required to be demolished. [read post]
21 May 2023, 3:39 pm
On May 17, 2020, the California Supreme Court granted review of the First District Court of Appeal’s controversial and much criticized published decision in Make UC a Good Neighbor v. [read post]
18 May 2023, 10:46 am
Supreme Court granted a stay of the district court's order that is to last until appeals to both the 5th Circuit and the Supreme Court have run their course. [read post]
17 May 2023, 5:59 am
District Court for the Eastern District of Louisiana against the marketing services company and its owner. [read post]
15 May 2023, 11:09 am
” (Citing South Coast Air Quality Management District v. [read post]
15 May 2023, 10:57 am
Court of Appeals for the District of Columbia Circuit reversed. [read post]
12 May 2023, 4:57 pm
On Appellants’ consolidated appeals of the anti-SLAPP order and the fee order, the First District reversed, vacated both, and awarded Appellants their costs on appeal. [read post]
12 May 2023, 6:31 am
The HIPAA Security Rule On May 5th, counsel for the hospital chain filed a motion to dismiss with the federal court in the Middle District of Pennsylvania, alleging first that the mere fact that the hospital was successfully attacked, and data stolen from them (data that they had a legal obligation to protect) did not mean that the hospital was negligent in any way in the protection of the data. [read post]
10 May 2023, 10:54 am
Parties may appeal only from “final decisions of the district courts. [read post]
9 May 2023, 8:08 am
The leading case on this issue comes out of the Second District Court of Appeals. [read post]
3 May 2023, 12:56 pm
Department of Labor, No 22-50145 (5th Cir., Apr. 28, 2023), a panel of the Fifth Circuit ordered the District Court to reconsider the preliminary injunction ruling “expeditiously” after concluding that the District Court erred in its analysis of the irreparable harm prong of the preliminary injunction test. [read post]
3 May 2023, 7:47 am
District Court for the Southern District of Texas in November of 2021. [read post]
