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In November 2023, the US Court of Appeals for the Fifth Circuit ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacked authority to adopt a final rule aimed at limiting ghost guns. [read post]
19 Apr 2024, 9:27 am by CFM Admin
Of note, the Terraform ruling is in conflict with the same district court’s ruling in SEC v. [read post]
18 Apr 2024, 7:49 pm by Sabrina I. Pacifici
Ars Technica: “The US Constitution’s Fifth Amendment protection against self-incrimination does not prohibit police officers from forcing a suspect to unlock a phone with a thumbprint scan, a federal appeals court ruled yesterday. [read post]
18 Apr 2024, 2:44 pm by Josh Blackman
For this Court to grant a stay pending appeal, a stay applicant must show, among other things, "a reasonable probability" that this Court would eventually grant certiorari on the question presented in the stay application if the district court's judgment were affirmed on appeal. [read post]
18 Apr 2024, 12:13 pm by Jon Brodkin
Enlarge The US Constitution's Fifth Amendment protection against self-incrimination does not prohibit police officers from forcing a suspect to unlock a phone with a thumbprint scan, a federal appeals court ruled yesterday. [read post]
18 Apr 2024, 11:02 am by Josh Blackman
That aspect of the district court's order will remain in place pending appeal. [read post]
18 Apr 2024, 6:00 am by Evangelina Cantu
In 2020, Muldrow’s supervisor transferred her to a uniformed position in the department’s Fifth District. [read post]
17 Apr 2024, 4:54 pm by Howard Bashman
“Delay & Denials of Preliminary Injunctions: Perceived urgency for a ruling on a preliminary-injunction led the Fifth Circuit to conclude that the district court’s delay in deciding amounted to an appealable denial. [read post]
17 Apr 2024, 9:06 am by Phil Dixon
This post summarizes a published criminal law released by the Fourth Circuit Court of Appeals during March 2024. [read post]
Doe appealed, and the Court of Appeals for the Fifth Circuit reversed the district court’s decision, finding that Mckesson may be held liable under a theory of “negligent protest. [read post]
15 Apr 2024, 6:00 pm by Josh Blackman
  There are 18 federal district judges across the Western District of Texas. [read post]
12 Apr 2024, 12:30 pm by John Ross
That transfer was no good; the appeal meant the district court lacked jurisdiction. [read post]
7 Apr 2024, 9:23 am by Friedman, Rodman & Frank, P.A.
In a recent case, the District Court of Appeal of the State of Florida Fifth District issued an opinion in an appeal in a slip and fall case between Dollar General, the defendant, and Kimberly Doty, the plaintiff and customer of the store. [read post]
5 Apr 2024, 5:31 pm by Josh Blackman
The Chamber filed a notice of appeal before the district court judge transferred the case, thereby divesting the district court of jurisdiction to transfer the case. [read post]
4 Apr 2024, 4:07 pm by Ross Honig and David Marini*
On appeal, the Court of Appeals for the Second Circuit affirmed the motion to dismiss, and on February 20, 2024, the Supreme Court denied Petitioners’ petition for certiorari, declining to review the RSL. [read post]
2 Apr 2024, 9:50 am by Jonathan H. Adler
"BREAKING: Supreme Court to Consider Fifth Circuit's Abortion Pill Decision," Dec. 13, 2023. [read post]