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23 May 2024, 7:44 am
These narrow special interests have lost at every stage of legal appeal, most recently at the Supreme Court. [read post]
22 May 2024, 9:07 am
The Board still intends to implement the Final Rule, and is expected to appeal the decision to the United States Court of Appeals for the Fifth Circuit. [read post]
22 May 2024, 8:01 am
Court of Appeals for the Fifth Circuit case Texas v. [read post]
22 May 2024, 3:00 am
So held the North Carolina Court of Appeals in State v. [read post]
21 May 2024, 9:01 pm
The Final Rule is considerably narrower in scope from the rule the DOL adopted in 2016 (which the Fifth Circuit vacated in its entirety two years later)1 since it limits fiduciary status to recommendations made by persons who effectively hold themselves out as occupying a position of trust and confidence with respect to a retirement investor. [read post]
21 May 2024, 3:01 pm
We hope the Supreme Court agrees to hear this appeal and reverses the decision of the Fifth Circuit. [read post]
21 May 2024, 2:49 am
The Court took this case on appeal from the Fifth Circuit, which we have previously reported on, reversing the judgment and remanding for further proceedings. [read post]
21 May 2024, 2:35 am
The music companies requested that the Supreme Court review the ruling, and the highest court in the US has now affirmed the appeal court’s decision. [read post]
20 May 2024, 11:21 am
Regardless of the outcome of the pending lawsuits, we anticipate that the losing party(ies) will appeal the decision, and that such challenges will continue until this issue reaches the Supreme Court’s doors (a process that could take upwards of 18 to 24 months, plus additional time for the Supreme Court to resolve the question). [read post]
20 May 2024, 8:06 am
In the decision on appeal, the United States Court of Appeals for the Fifth Circuit found that the Bureau’s funding structure was an unconstitutional “abomination” of which the “Framers warned. [read post]
20 May 2024, 4:30 am
The Fifth Circuit Court of Appeals has described the racial epithet as “a term that sums up . . . all the bitter years of insult and struggle in America, [a] pure anathema to African-Americans, [and] probably the most offensive word in English. [read post]
18 May 2024, 3:00 am
“If he wants to be the fifth, let’s go. [read post]
17 May 2024, 4:29 pm
The Constitutional Court, upon hearing the case on appeal, clarified that the Covid-19 regulations did not oblige tribunals to publish all judicial files—only to conduct notifications virtually. [read post]
17 May 2024, 12:17 pm
In this case, the whistleblower filed a timely appeal with the Court of Appeals for the Fifth Circuit. [read post]
17 May 2024, 10:46 am
Its opinion addresses certified questions submitted to it by the US Fifth Circuit Court of Appeals concerning a class action suit pending in that court. [read post]
17 May 2024, 7:08 am
Fifth, the GC holds that LIBRE possesses average distinctiveness. [read post]
17 May 2024, 5:49 am
If an employer establishes in district court that a plaintiff’s claims must be arbitrated and the district court dismisses the case, the plaintiff can immediately appeal the dismissal. [read post]
16 May 2024, 6:29 pm
After a lengthy procedural history in which the map was ruled unconstitutional at the district level before stalling on appeal as the Supreme Court decided a similar case in Alabama, the Court of Appeals for the Fifth Circuit affirmed the district court’s decision and ordered the map redrawn. [read post]
16 May 2024, 8:12 am
Montgomery McCracken is proud to announce a precedent-setting appellate victory for its pro bono client, a former federal inmate, before the United States Court of Appeals for the Fifth Circuit. [read post]
15 May 2024, 10:07 pm
The clerk informed the SG that he would not circulate the petition to the full en banc court until the merits of the appeal are fully briefed. [read post]
