Search for: "United States Court of Appeals,fifth Circuit"
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18 Jun 2012, 6:00 am
Recently the United States Court of Appeals for the Fifth Circuit addressed an employer’s burden of providing “substantial evidence” in rebutting evidence amounting to a prima facie hearing loss claim. [read post]
5 Feb 2009, 1:37 pm
Following is an analysis of Eleventh Circuit Court of Appeals and former Fifth Circuit Court of Appeals decisions in this area, and suggestions as to what the practitioner should argue when confronted with such contentions. [read post]
5 Sep 2014, 8:49 am
BP Responds To "Grossly Negligent" Ruling - BP strongly disagrees with the decision issued today by the United States District Court for the Eastern District of Louisiana and will immediately appeal to the United States Court of Appeals for the Fifth Circuit. [read post]
27 Jun 2014, 7:15 pm
Superior Court of California, Orange County 13-956 Issue: Whether the California Court of Appeal erred when it deepened an acknowledged circuit split and held—contrary to this Court’s decisions in Buckman Co. v. [read post]
29 Aug 2008, 12:30 am
Court of Appeals for the District of Columbia Circuit decided McKesson Corp. v. [read post]
20 Jun 2021, 5:04 am
In contrast, in the case of Retana v Twitter and others 19-11389 the US Court of Appeals for the Fifth Circuit held that Internet services and social media providers could not be secondarily liable for aiding and abetting Hamas as a result of having hosted their videos. [read post]
8 Apr 2023, 2:35 am
United States. [read post]
2 Oct 2020, 1:44 pm
Today, the United States Supreme Court granted a Petition for Certiorari filed by energy companies in Baltimore’s climate change lawsuit. [read post]
25 Mar 2023, 2:40 pm
Unfortunately, a recent decision by the US Court of Appeals for the Fifth Circuit (which covers the states of Texas, Louisiana, and Mississippi) goes against the principles outlined in Knick and threatens to create a new Catch-22 keeping takings claims out of federal court. [read post]
20 Aug 2012, 6:00 am
In a recent unpublished opinion, the United States Fifth Court of Appeals reviewed a district court’s grant of summary judgment dismissing a plaintiff’s negligence, unseaworthiness and maintenance and cure claims. [read post]
5 Nov 2013, 8:09 am
” After the company’s motion to compel arbitration was dismissed, Radio One filed an appeal with the United States Court of Appeals for the Fifth Circuit. [read post]
7 Aug 2012, 3:00 am
The Court of Appeals then summarized decisions from the Second and Fifth Circuits addressing whether the New York Convention applied to the states as a treaty or as implementing federal lesiglation, and the Fourth Circuit saw a conflict in the holdings of the Second and Fifth Circuits. [read post]
11 Apr 2008, 10:25 am
A helpful reader pointed me to the Fifth Circuit's work in United States v. [read post]
22 Sep 2014, 1:52 am
Colvin, a case from the United States Court of Appeals for the Fifth Circuit, involved a claimant who had applied three times for Social Security Disability Insurance (SSDI) benefits from the United States Social Security Administration (SSA). [read post]
26 Jun 2013, 2:52 pm
A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals is currently being considered by the United States Supreme Court. [read post]
3 Nov 2023, 11:09 am
Defendant appealed, arguing, among other things, that disgorgement was unavailable to the SEC under the United States Supreme Court’s decision in Liu v. [read post]
4 Jul 2024, 10:24 am
United States, and other fresh decisions to merit a new look at the circuit level. [read post]
15 Jun 2010, 1:28 pm
The Federal Fifth Circuit Court of Appeals has recently held that an undocumented immigrant who is injured at work is not excluded from receiving benefits under the Longshore Harbor Workers Act. [read post]
18 Dec 2015, 10:17 am
In an amicus brief filed in the United States Court of Appeals for the Fifth Circuit, EFF said that the State Department’s licensing regime for speech about defense-related technologies—many of which have civilian applications—violates the First Amendment. [read post]
28 Jun 2013, 10:39 am
United States v. [read post]
