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25 Aug 2017, 6:00 am by Beth Graham
The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included in an arbitration agreement violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”). [read post]
The Court’s order was in response to an administrative stay granted by the United States Court of Appeals for the Fifth Circuit on Saturday, allowing the law to be enforced. [read post]
13 Jan 2018, 10:46 am by Steven Boutwell
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]
16 Aug 2021, 3:22 pm by Michael Gilbert and Shin Hahn
Court of Appeals for the Second Circuit ruled that a French banker may seek dismissal of an indictment  without having to physically appear in the United States. [read post]
29 Jan 2010, 8:03 am by Mark S. Humphreys
The second reason, is the United States Court of Appeals for the Fifth Circuit is the Federal Court most Texas case will end up being appealed to when the case is in Federal Court. [read post]
The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL) which limited the circumstances under which employers can claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA). [read post]
14 Jun 2021, 4:15 am by Matthew Schutte
Phoenix Services, LLC to the United States Court of Appeals for the Fifth Circuit due to lack of jurisdiction, since the case did not arise under the patent laws of the United States. [read post]
11 Apr 2023, 1:30 pm by Edward Hardin, Jr. and Shearil Matthews
The Gauthreaux decision is controlling in the Louisiana Fifth Circuit Court of Appeal, but other state and federal courts may see Gauthreaux as persuasive. [read post]
15 Dec 2016, 3:00 pm by Anthony B. Cavender
Court of Appeals for the Fifth Circuit decided the case of United States of America, e ex rel. [read post]
25 Mar 2016, 10:27 am by Beth Graham
Finally, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s order compelling arbitration. [read post]
22 Jun 2009, 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In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that an International Chamber of Commerce (ICC) arbitral tribunal did not exceed its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 arbitral award. [read post]
31 Mar 2023, 12:30 pm by Melissa Love Koenig
As noted in this photo, the team had the opportunity to argue at United States Court of Appeals for the Fifth Circuit. [read post]
31 Jan 2010, 6:47 am by Mark S. Humphreys
The United States Court of Appeals for the Fifth Circuit, decided another case this month dealing with the duty of an insurance company to defend a lawsuit filed against one of its insureds. [read post]
7 Apr 2011, 9:42 pm by Edward X. Clinton, Jr.
The Fifth Circuit affirmed the dismissal of his complaint for legal malpractice.The underlying litigation was brought by the Louisiana State Bar Association which sought to enjoin Earl T. [read post]
14 May 2013, 9:48 am
By Robert Sahyan On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the recipient prior to its bankruptcy. [read post]
23 Apr 2014, 8:56 am by Jaclyn Belczyk
Paroline appealed the US Court of Appeals for the Fifth Circuit's decision,... [read post]
10 Jun 2024, 8:34 am by Steven Lofchie
In a unanimous decision, the United States Court of Appeals for the Fifth Circuit vacated the SEC’s “Private Fund Advisers Rule. [read post]