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15 Dec 2021, 4:00 am by Howard Friedman
The majority in a 3-sentence opinion relied on the reasons stated by the district court in denying a preliminary injunction: namely plaintiffs must show "irreparable injury" in order to obtain an injunction, and mere loss of income is not irreparable-- it can be remedied by recovery of damages. [read post]
19 Jul 2021, 9:39 am by Amy Starnes
The court also granted a preliminary injunction preventing the State Bar from requiring the three plaintiffs to join or pay dues pending completion of the remedies phase before the district court on remand. [read post]
15 May 2024, 3:14 pm by Amy Howe
After the Supreme Court sent the case back to the lower courts, the 5th Circuit upheld Dick’s ruling that Louisiana likely violated the Voting Rights Act. [read post]
3 Jul 2009, 11:34 am
However, if the case remains in district court, a district court judge can only sentence a defendant to a period of incarceration for two and one half years. [read post]
9 Jun 2008, 1:18 am
The Federal 5th Circuit Court of Appeals decided last week to reverse and remand the Houston district court's decision to throw out the case Fisher v. [read post]
24 May 2020, 6:06 am by Howard Friedman
Five days after a Mississippi federal district court, in an opinion critical of plaintiff's position, refused to rule immediately on an attempt by a Holly Springs church to hold indoor church services (see prior posting), the U.S. 5th Circuit Court of Appeals in First Pentecostal Church of Holly Springs v. [read post]
4 Mar 2020, 12:00 am by Howard Friedman
In September 2018, the U.S. 5th Circuit Court of Appeals reversed the district court and upheld the statute. [read post]
9 Aug 2010, 11:12 am
The Florida 5th District Court of Appeals recently announced that a trial court abused its discretion when it denied a homeowners motion to amend their answer after the lender filed its motion for summary judgment. [read post]
27 Jul 2006, 2:34 pm
Finally, the court dismissed the 5th amendment right to counsel claim for lack of standing. [read post]
5 Feb 2023, 10:30 am by Michelle O'Neil
Although the 5th Circuit’s Rahimi opinion is only binding on the federal district courts within that circuit and not on state courts, I think this opinion when taken as an interpretation of the Supreme Court’s Bruen opinion on gun rights as a whole means that the almost identical Texas state statute is subject to challenge if not unconstitutional as well. [read post]
20 Apr 2009, 12:49 am
Circuit Court of Appeals found that a lawyer couldn't sue Tarrant County and the criminal district court judges hearing felony cases there because the judges denied his application to be put on a list to receive court-appointed cases. [read post]
18 Oct 2021, 2:39 pm by Howard Friedman
Texas, the Justice Department today filed in the Supreme Court an Application (full text) to vacate the 5th Circuit's stay of a preliminary injunction that had been granted by a Texas federal district court. [read post]
2 Jan 2017, 8:40 am by Daniel Sullivan
Plaintiff filed a Jones Act complaint in United States District Court, Northern District of Mississippi. [read post]
15 Jan 2004, 3:15 pm
The Florida 5th District Court of Appeals ruled on the case involving a woman who sought guardianship of a mentally disabled rape victim's fetus, which has since been born. [read post]
13 Jul 2011, 5:23 am by Ray Dowd
The United States District Court for the Southern District of New York has adopted new local rules. [read post]