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10 Jan 2020, 3:33 pm
The Court of Appeal, Fifth Appellate District, is changing its window and telephone hours to 8:30 a.m. to 4:30 p.m. [read post]
14 Jun 2016, 2:24 pm
Late last week, Honda escaped wrongful death airbag suit per 5th Circuit ruling. [read post]
14 Aug 2009, 4:30 am
" The panel rejected the district court's conclusion that the class certification stage was not the proper time for the defendants to rebut the lead plaintiffs' fraud on the market presumption.In effect, the 5th Circuit in Oscar reversed the burden of proof involved with the fraud on the market presumption. [read post]
5 Apr 2020, 5:32 pm
Abbott, (5th Cir., April 3, 2020), the U.S. 5th Circuit Court of Appeals remanded to the district court a lawsuit by Freedom From Religion Foundation which was denied the right to display its "Bill of Rights Nativity Scene" in the Texas State Capitol building. [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]
3 May 2011, 5:53 am
The 5th Circuit affirmed. [read post]
24 Nov 2014, 1:42 pm
While I was starting a week long trial in the Southern District of Texas, the 5th Circuit was taking a wide, pro-employee view of Sarbanes Oxley. [read post]
10 Jul 2010, 7:10 pm
Needville Independent School District, (5th Cir., July 9, 2010), the U.S. 5th Circuit Court of Appeals, in a 2-1 decision, held that the Texas Religious Freedom Restoration Act protects the right of a Native American kindergartner to wear his hair in two long braids. [read post]
9 Sep 2023, 3:28 pm
The Biden Administration appealed the District Court’s ruling to the 5th Circuit Court of Appeals. [read post]
5 Jun 2009, 5:30 am
In a lengthy opinion, the 5th Circuit today reversed summary judgment for the employer where the district court found plaintiff's chronic fatigue syndrome was not a disability under the ADA. [read post]
8 Feb 2017, 4:00 am
The U.S. 5th Circuit Court of Appeals yesterday heard oral arguments (audio of arguments) in American Humanist Association v. [read post]
2 Apr 2009, 12:10 am
Yesterday, the U.S. 5th Circuit Court of Appeals heard oral arguments in Merced v. [read post]
4 Jun 2011, 7:43 pm
The U.S. 5th Circuit Court of Appeals yesterday dissolved a Texas federal district court's temporary restraining order and preliminary injunction that had barred student speakers at Medina Valley High School in Texas from leading the audience in an invocation and benediction at today's graduation ceremonies. [read post]
23 Mar 2020, 7:23 pm
The 5th District has now obtained an extension order (here) and issued its order. [read post]
24 Aug 2017, 7:20 am
In so ruling, the 5th DCA determined that the mortgagee met […] Christopher P. [read post]
23 Jun 2017, 4:05 am
The district court had concluded that the statute violates the Establishment Clause and Equal Protection Clause. [read post]
26 Aug 2014, 10:38 am
As the district court found, and Fort Bend County argued before the 5th Circuit:“being an avid and active member of church does not elevate every activity associated with that church into a legally protectable religious practice. [read post]
26 Aug 2014, 10:38 am
As the district court found, and Fort Bend County argued before the 5th Circuit:“being an avid and active member of church does not elevate every activity associated with that church into a legally protectable religious practice. [read post]
28 Aug 2022, 12:43 pm
Becerra, (5th Cir., Aug. 26, 2022), the U.S. 5th Circuit Court of Appeals, invoking RFRA, upheld a Texas federal district court's issuance of a permanent injunction barring the government from interpreting or enforcing provisions of the Affordable Care Act to require religious organizations, in violation of their religious beliefs, to perform or provide insurance coverage for gender-reassignment surgeries or abortions. [read post]
21 Apr 2021, 4:05 am
Becerra, (5th Cir., April 15, 2021), the U.S. 5th Circuit Court of Appeals remanded to a Texas federal district court a challenge by religious medical providers to a 2016 Health and Human Services rule that prohibited discrimination on the basis of "termination of pregnancy" and "gender identity. [read post]
