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10 Apr 2021, 4:39 pm
And the en banc court acted while a Moore-entered stay of district court injunction was in place. [read post]
17 Nov 2021, 4:50 pm
And the en banc court acted while a Moore-entered stay of district court injunction was in place. [read post]
9 Apr 2018, 7:18 am
This was the argument that swayed the 5th Circuit in the BNSF case and the Florida district court in the CSX case, both of which explicitly followed the two-step deference framework of Chevron, U.S.A. v. [read post]
25 Aug 2010, 7:37 am
There has never been an African-American woman on any federal district court in Georgia or the 11th Circuit. [read post]
21 Feb 2008, 9:20 pm
" Judicial nominee's record may aid confirmation Catharina Haynes, President Bush's nominee to teh 5th Circuit Court of Appeals, is a "widely praised, longtime insurance defense lawyer with a particularly attractive quality - no record on controversial issues, such as abortion or the death penalty. [read post]
28 Mar 2017, 9:09 am
Recently, in In re Estate of Arroyo, the Third District Court of Appeal ruled against an insurance company, notwithstanding the presence of a claim that would have been clearly barred if the insured would not have waived a statute of limitations defense. [read post]
12 Feb 2015, 3:15 pm
Nevertheless, both the district court and the United States Court of Appeals for the Third Circuit concluded that the expert testimony was sufficient to establish that damages resulting from the “overbuilder” theory of injury were measurable on a classwide basis. [read post]
12 Jan 2022, 6:47 am
NTSB (5th Cir., June 17, 2021) -- reversing and remanding district court’s decision and holding that “outside parties solicited by the NTSB qualify as ‘consultants’ under Exemption 5’s consultant corollary; rejecting district court’s view that technical personnel employed by aircraft manufacturers and operators have too much “self-interest” in outcome of NTSB investigations to be regarded as consultants; AB:… [read post]
20 Apr 2024, 8:23 am
The district court dismissed the case (1, 2). [read post]
3 Jun 2021, 9:01 pm
She appealed to the Fifth Circuit, where she lost again in 1972. [read post]
16 Nov 2010, 7:34 am
Circuit Court of Appeals in New Orleans ruled that jurors should have had the option of a life sentence because of mitigating circumstances. [read post]
24 Aug 2023, 11:44 am
In this vein, Florida’s Fourth District Court of Appeal, in Anakarli Boutique, Inc. v. [read post]
27 May 2008, 10:06 am
U.S. 5th Circuit Court of Appeals, May 21, 2008 Whitt v. [read post]
1 Mar 2018, 7:06 am
Court of Appeals for the 5th Circuit filed this petition back in November 2017. [read post]
11 Dec 2009, 6:31 am
Bowden Issue: Whether the notice requirements of 21 U.S.C. 851(a) - providing that no defendant may be sentenced to an enhanced statutory penalty for a drug offense based on prior drug convictions unless the government files and serves an information "stating in writing the previous convictions to be relied upon" - are "jurisdictional," such that they must be noticed on appeal or collateral review regardless of whether the defendant preserved the claim in the… [read post]
9 Dec 2009, 12:48 pm
Olis, 429 F.3d 540 (5th Cir. 2005); United States v. [read post]
9 Dec 2009, 12:48 pm
Olis, 429 F.3d 540 (5th Cir. 2005); United States v. [read post]
9 Jul 2012, 2:24 pm
” Federal procedural rules also apply pending a resolution of the district court's jurisdiction. [read post]
3 Dec 2021, 12:06 pm
Court of Appeals for the 5th and 8th Circuits hold). [read post]
3 Apr 2009, 1:05 am
The appellate court upheld the Texas federal district court ruling that granted summary judgment to Eli Lilly on the grounds that the plaintiff's doctor informed him of the risks of taking Zyprexa. [read post]
