U.S. Court of Appeals for the Fifth Circuit
Recent News About U.S. Court of Appeals for the Fifth Circuit
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Nasdaq's diversity requirement, called 'identity politics,' struck down by Fifth Circuit
NEW ORLEANS (Legal Newsline) - A closely divided federal appeals court has struck down a rule requiring companies on the Nasdaq stock exchange to recruit women and minority board members, saying the regulation wasn’t authorized under federal securities law and didn’t promote the core goals of eliminating fraud and sharp trading practices. -
Fifth Circuit again says challenge to CFPB's late fees cap should be in Texas
NEW ORLEANS (Legal Newsline) - Though he has twice sent the case out of his court, a Texas federal judge looks now to be in charge of a legal challenge to new federal rules that limit late fees on credit card payments. -
Lawyer in hot water over insurance claims deserved a hearing, Fifth Circuit rules
NEW ORLEANS (Legal Newsline) - A lawyer who worked at a Houston law firm that has run afoul of the law will get a second chance to show he shouldn't have been suspended for nine months. -
Dispute over Lyme disease guideline no basis for lawsuit, Fifth Circuit says
NEW ORLEANS (Legal Newsline) - A medical society’s recommendations for the treatment of Lyme disease aren’t facts subject to claims of misrepresentation, the Fifth Circuit Court of Appeals ruled, throwing out a long-running lawsuit by plaintiffs who claimed infectious disease doctors had been bribed by insurance companies to deny care for chronic Lyme. -
Fifth Circuit swats attempt to delay smelly-dump trial
NEW ORLEANS (Legal Newsline) - Defendants accused of creating a public nuisance by operating a smelly dump in Louisiana can’t delay a trial while they wait to see if a court certifies a class action over the same questions, the Fifth Circuit Court of Appeals ruled in a decision that dismissed the defense theories as wrong. -
Family's lawsuit fails after Tea Party leader kills self following arrest in Mississippi scandal
NEW ORLEANS (Legal Newsline) - The widow and sons of a Mississippi Tea Party operative who committed suicide after being arrested for ordering a photo taken of a political rival’s incapacitated wife in her nursing home room have no case against the city that investigated him, a federal appeals court ruled. -
Court: AG Paxton doesn't need to testify in abortion case
AUSTIN, Texas (Legal Newsline) - A federal appeals court has ruled Texas Attorney General Ken Paxton shouldn't be deposed in a lawsuit brought by pro-life groups over the enforcement of anti-abortion laws in the state. -
Morrisey says CFPB must follow federal court order to operate
CHARLESTON — West Virginia Attorney General Patrick Morrisey is calling on the federal Consumer Financial Protection Bureau to heed the ruling from the U.S. -
Lawyers asking for $4.4 million for negotiating $575K settlement turned down by Fifth Circuit
NEW ORLEANS (Legal Newsline) - The Fifth Circuit Court of Appeals reversed a $4.4 million fee award to lawyers who negotiated a settlement over defective toilet tanks that could result in less than $600,000 in benefits to their clients. -
SEC can't avoid court in constitutional challenge to its structure
NEW ORLEANS (Legal Newsline) - The Securities and Exchange Commission can’t prevent a federal court from hearing a constitutional challenge to how it operates, the Fifth Circuit Court of Appeals ruled, in a strong rebuke to the concept of “independent” administrative agencies that are insulated from political pressure as well as judicial oversight. -
Texas court refuses to dismiss hedge fund-backed 'whistleblower' case
TEXARKANA, Texas (Legal Newsline) - A Texas appeals court refused to dismiss a lawsuit against Baxter International and other drug companies filed by a shell company formed specifically to bring whistleblower cases, saying the fact the federal government opposed the claims doesn’t mean they aren’t valid under Texas law. -
New Orleans casino liable after contractor runs over woman; Flagman walked past but didn't warn
NEW ORLEANS (Legal Newsline) - Harrah’s Casino in New Orleans is liable for injuries a woman suffered after a contractor hired to remove birds from the trees in front of the building ran over her with a motorized high-lift platform, the U.S. Court of Appeals for the Fifth Circuit has ruled, rejecting the casino’s arguments it wasn’t responsible for the actions of an independent contractor. -
Pennsylvania opioid lawsuits are homeless while trial lawyers take shots at each other
Seven appeals and plenty of in-fighting have Pennsylvania counties behind schedule in their quest to hold dozens of companies liable for the nation's painkiller crisis -
American Law Institute hits the road to explain controversial Restatement; It has been called 'litigation fuel'
PHILADELPHIA – After passing a controversial Restatement of the Law of Liability Insurance at its annual convention last May, the American Law Institute is convening events across the country discussing the document in further detail. -
Fifth Circuit refuses to abandon precedent, side with NLRB over individual arbitration agreements
Soon after the U.S. Court of Appeals for the Fifth Circuit’s ruling, the Ninth Circuit went the other way, instead siding with the NLRB’s approach and ruling that individual arbitration waiver agreements are unenforceable under federal law. Other cases raising the same issue currently are pending before the Second, Third, Fourth, Sixth, Eleventh and D.C. Circuits. -
Fifth Circuit deems gun rights more important than employer rights, attorney says
NEW ORLEANS (Legal Newsline) - A federal appeals court recently reinstated a lawsuit brought by an employee who alleged he was wrongly terminated for possessing a concealed weapon on company property. -
NLRB, Fifth Circuit again disagree about class and collective action waivers
The National Labor Relations Board (NLRB) and the Fifth Circuit Court of Appeals in New Orleans continue to be at odds over employment arbitration provisions that contain class and collective waivers. -
Fifth Circuit: Rehabilitation Act allows discrimination suits against independent government contractors
In a case involving a San Antonio plaintiff, the Fifth Circuit Court of Appeals in New Orleans ruled that employees can sue independent government contractors for discrimination under Section 504 of the Rehabilitation Act of 1973.