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5 Apr 2017, 4:00 am by Howard Friedman
The U.S. 5th Circuit Court of Appeals on Monday heard oral arguments (audio of full arguments) in Barber v. [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]
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]
8 Sep 2023, 4:20 am by Immigration Prof
District Judge David Alan Ezra issued a preliminary injunction in favor of the United States in its litigation against Texas over the state's border buoys. [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]
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]
15 Dec 2021, 4:00 am by Howard Friedman
United Airlines, (5th Cir., Dec. 13, 2021), the U.S. 5th Circuit Court of Appeals, by a 2-1 vote, denied an injunction while an appeal is pending in a challenge by United Airlines employees to the company's vaccine mandate that lacks religious or medical exemptions. [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]
21 Jun 2022, 11:10 am
The substance is clearly distilled, and the rest of the opinion is sober,” said Guberman, the opinion-writing trainer for new district court and appeals court judges. [read post]
19 Apr 2024, 4:00 am by Howard Friedman
Collier, (5th Cir., April 11, 2024), the U.S. 5th Circuit Court of Appeals reversed a portion of the district court's decision and vacated another portion of it in a challenge by a Muslim inmate to practices that allegedly burdened plaintiff's ability to exercise his religion. [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]
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]
27 Jul 2006, 2:34 pm
Finally, the court dismissed the 5th amendment right to counsel claim for lack of standing. [read post]
27 Jul 2013, 7:11 pm by Howard Friedman
Plano Independent School District, (5th Cir., July 26, 2013), the U.S. 5th Circuit Court of Appeals yesterday, in a 2-1 decision, dismissed the remaining claims on jurisdictional grounds because plaintiff gave notice of his lawsuit to the school by fax, regular mail and e-mail, rather than by certified mail return receipt requested as specified in the Texas Religious Freedom Restoration Act (TFRA), Sec. 110.006. [read post]
2 Oct 2017, 4:27 pm by Gritsforbreakfast
Grits had half a mind to drive over to New Orleans today to hear oral arguments in the Harris County bail case tomorrow at the federal 5th Circuit Court of Appeals, but work and family responsibilities intervened. [read post]
7 Jan 2011, 6:28 am by Roy F Harmon III
A district court’s function when reviewing ERISA claims is like an appellate court’s. [read post]