Search for: "Court of Appeals, 5th District" Results 121 - 140 of 5,099
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24 May 2011, 4:15 am by Howard Friedman
Yesterday the U.S. 5th Circuit Court of Appeals heard oral arguments in Morgan v. [read post]
9 Apr 2008, 12:40 am
The Becket Fund for Religious Liberty, representing Santeria priest Jose Merced (press release), yesterday filed an appeal with the U.S. 5th Circuit Court of Appeals in Merced v. [read post]
City of Ukiah (2024) 101 Cal.App.5th 46, the First District Court of Appeal held completion of a project did not render claims against a city alleging CEQA violations moot because effective relief was still possible. [read post]
14 Aug 2009, 4:30 am
Initially, the court rejected claims that the Supreme Court's Stoneridge decision effectively overruled the 5th Circuit's 2007 decision in Oscar Private Equity Investments v. [read post]
23 Mar 2020, 2:02 pm by Amy Howe
And in the 5th Circuit, questions of fact that the district court could have resolved if the defendant had objected cannot be plain error. [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]
3 May 2009, 8:10 am
Quarterman, (5th Cir., April 30, 2009), the U.S. 5th Circuit Court of Appeals upheld a Buddhist inmate's challenge to Texas prison rules that require religious services in his prison unit to be conducted by either a chaplain or an approved religious volunteer. [read post]
22 Aug 2023, 10:24 am by Kendall Lowery
On July 21, 2023, the California Court of Appeal for the First District, in Coalition on Homelessness v. [read post]
18 Feb 2022, 4:05 am by Howard Friedman
United Airlines, (5th Cir., Feb. 17, 2022), the U.S. 5th Circuit Court of Appeals, in a 2-1 per curiam decision, reversed a Texas federal district court's decision that no "irreparable injury" had been suffered by United Airlines employees who were placed on unpaid leave after they refused for religious reasons to comply with the company's COVID vaccine mandate. [read post]
26 Feb 2019, 12:10 pm
In one of the most significant Fair Labor Standards Act (FLSA) appellate decisions in recent years, on February 21, 2019, a three-judge panel on the Fifth Circuit Court of Appeals unanimously held that “district courts may not send notice to an employee with a valid arbitration agreement unless the record shows that nothing in the agreement would prohibit that employee from participating in the collective action. [read post]
1 Apr 2020, 4:10 am by Howard Friedman
However yesterday in In re Abbott, (5th Cir., March 31, 2020), the U.S. 5th Circuit Court of Appeals in a 2-1 decision temporarily stayed the Texas federal district court's injunction, allowing the ban on abortions to remain, at least for the time being. [read post]
28 May 2021, 11:25 am by Ronald Mann
Court of Appeals for the 5th Circuit that said district courts have no discretion to reduce or eliminate any of the costs listed in Rule 39(e). [read post]
19 Feb 2024, 12:36 pm by Dominic Carmello
Appeals Court Orders New Trial Based on Incorrect Evidentiary Standard Central to the appeal was the discrepancy between the evidentiary standard applied by the District Court and the standard mandated by Louisiana statutes for actions against riverboat pilots. [read post]
13 Jul 2021, 4:00 am by Howard Friedman
Mack, (5th Cir., July 9, 2021), the U.S. 5th Circuit Court of Appeals granted a stay pending appeal of a Texas district court's declaratory judgment order which concluded that a a Justice of the Peace's program under which court sessions are opened with a prayer from a volunteer chaplain violates the Establishment Clause. [read post]
Bonta (2024) 101 Cal.App.5th 73, the Second District Court of Appeal upheld the power of local governments to override housing density caps, including caps adopted by voter initiative. [read post]
30 Jun 2020, 4:00 am by Kimberly A. Kralowec
In Barriga v. 99 Cents Only Stores LLC, ___ Cal.App.5th ___ (Jun. 26, 2020), the Court of Appeal (Fourth Appellate District, Division Two), in a 2-1 decision, reversed an order denying class certification of certain wage and hour claims, holding that the trial court failed to apply the correct legal standard in ruling on plaintiff's motion to strike the defendant's "happy camper" declarations. [read post]
4 Feb 2009, 8:00 am
In a recent 5th Circuit decision, the Court of Appeal reversed the dismissal of a labor law class action that was filed within the limitations period, as extended by a tolling period that continued throughout the entire proceedings,  including appeal, of a prior, certified, class action. [read post]
22 Apr 2009, 1:01 pm
In an interesting decision, the 5th District Court of Appeals held in Nursing Care Mgmt. of Am. [read post]
27 Mar 2012, 6:28 am
Florida's 5th District Court of Appeals reversed a motion for summary judgment in favor of Novastar Home Mortgage, a nonparty to the suit in Beaumont v. [read post]