Search for: "United States Court of Appeals,fifth Circuit"
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6 Dec 2024, 11:06 am
12/26/2024 Update: The United States Court of Appeals for the Fifth Circuit has reinstated the injunction preventing FinCEN from enforcing the Corporate Transparency Act and its regulations. [read post]
13 Jun 2014, 1:52 pm
The United States Fifth Circuit Court of Appeals has held that an arbitrator did not exceed his powers when he dismissed an insured’s untimely demand for arbitration. [read post]
10 Dec 2018, 7:41 am
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order compelling a proposed class action lawsuit to arbitration. [read post]
27 Mar 2013, 4:30 pm
The United States Court of Appeals for the Fifth Circuit stayed (pdf) an injunction issued by the United States District Court for the Southern District of Texas requiring the State to prepare a habitat conservation plan for the purpose of obtaining an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act (ESA). [read post]
Fifth Circuit Vacates DOL Fiduciary Rule While SEC Pushes Forward with Goal of Fiduciary Duty Reform
27 Mar 2018, 3:34 pm
It is uncertain whether the DOL will request that the Fifth Circuit rehear the case, appeal the case to the United States Supreme Court, or do nothing. [read post]
2 Jan 2024, 8:18 am
The order by the Fifth Circuit states that the district court is directed to issue a final appealable order by noon on January 3. [read post]
1 Oct 2020, 12:01 pm
Recently the United States Court of Appeals for the Fifth Circuit in New Orleans affirmed the granting of summary judgment in favor of a shipyard and against a Longshoreman who was deemed to be the borrowed servant of the shipyard. [read post]
24 May 2013, 9:49 am
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. [read post]
4 Mar 2014, 11:41 am
On appeal, the Fifth Circuit vacated and remanded because the district court did not properly consider the merits of Appellant's ineffective assistance of counsel claim. 6. [read post]
15 Oct 2022, 8:27 am
Closely-Related Doctrine Equity Personal Jurisdiction Direct-Benefits Estoppel (Fn. 9) Agency, Third-Party Beneficiary Law, and Equitable Estoppel Circuit Split Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CV-4593 This case presents one primary question: whether non-signatories to a franchise agreement may be bound to the contract’s choice of… [read post]
16 Mar 2020, 5:00 am
The United States Court of Appeals for the Fifth Circuit has upheld a nearly $63 million arbitration award that was issued against a California company owned by a foreign corporation. [read post]
5 Feb 2019, 8:53 am
The United States Court of Appeals for the Fifth Circuit has overturned an arbitrator’s ruling in a labor dispute that was filed against Texas-based Southwest Airlines. [read post]
23 Jan 2012, 9:00 am
The United States Court of Appeals for the Fifth Circuit recently held for a defendant in a child pornography possession case where there were multiple users of the computers in question. [read post]
27 Jul 2015, 4:51 am
An attorney on appeal filed an Anders brief in a case that had a meritorious sentencing issue, according to an opinion of the United States Court of Appeals for the Fifth Circuit. [read post]
21 Dec 2019, 10:00 pm
On December 18, 2019, a divided panel of the United States Court of Appeals for the Fifth Circuit affirmed a Texas district court’s December 2018, ruling that the individual mandate in the Affordable Care Act is unconstitutional in light of changes made by the Tax Cuts and Jobs Act of 2017 (TCJA). [read post]
29 Apr 2023, 1:38 pm
Court of Appeals for the Fifth … Continue reading "Fifth Circuit Casts A Doubtful Eye On The U.S. [read post]
24 Aug 2021, 11:34 am
., the United States Fifth Circuit Court of Appeals analyzed a contribution claim for maintenance and cure liability between a maritime employer (“Offshore Marine”) and a third party (“REC”). [read post]
14 Mar 2016, 10:32 am
Because the arbitration plan was illusory and Nelson was not bound by the agreement, the United States Court of Appeals for the Fifth Circuit reversed the Northern District of Texas’ order compelling arbitration and remanded the case. [read post]
31 Mar 2015, 8:02 am
The United States Eleventh Circuit Court of Appeals (the last stop before the US Supreme Court) refused to follow a case out of the United States Fifth Circuit Court of Appeals named Barbetta v. [read post]
10 Oct 2024, 5:50 pm
Court of Appeals for the Fifth Circuit at this link. [read post]
