NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has upheld a Texas federal court’s ruling to grant summary judgment to the U.S. Department of Labor, in response to litigation which had challenged the Department’s authority to define the so-called “White Collar Exemption” in the Fair Labor Standards Act to include a minimum-salary requirement.
NEW ORLEANS – A majority component of the U.S. Court of Appeals for the Fifth Circuit has reversed a Texas lower court’s granting of qualified immunity-related summary judgment, in an excessive force and false arrest action against Harris County and members of its law enforcement.
AUSTIN – Yesterday evening, the U.S. Court of Appeals for the Fifth Circuit denied Texas’ motion to stay an injunction stopping the state from enforcing an immigration law. A hearing on the matter is set for next month.
AUSTIN - The Liberty Justice Center and the Pelican Institute for Public Policy have jointly filed a lawsuit against the U.S. Securities and Exchange Commission to challenge recent regulations that require public companies to make extensive disclosures related to climate change.
NEW ORLEANS - Yesterday, the U.S. Court of Appeals for the Fifth Circuit reversed a ruling barring a Texas university from charging out-of-state students higher tuition rates.
NEW ORLEANS – On Monday, the U.S. Court of Appeals for the Fifth Circuit ruled in favor of the U.S. Food and Drug Administration in the case of Triton Distribution v. FDA, upholding the agency’s marketing denial order for Triton’s flavored e-cigarette products.
WASHINGTON – The full Fifth Circuit bench ruled yesterday that Texas accountant Michelle Cochran has the right to challenge the constitutionality of her Administrative Law Judge’s (ALJ) removal protections in federal court before undergoing an administrative adjudication, a press release states.
DALLAS - The American Tort Reform Association released its annual Judicial Hellholes report today, placing the Fifth Court of Appeals in Dallas on its watch list.
AUSTIN – There may be some good news for Texas attorneys who no longer wish to fund the state Bar’s ideological agenda, as a challenge to mandatory Oklahoma Bar dues has been reinstated.
WASHINGTON — Today, Alphonso David, president of the Human Rights Campaign (HRC), the nation’s largest lesbian, gay, bisexual, transgender and queer (LGBTQ) civil rights organization, responded to the news that the Texas 5th Circuit Court of Appeals ruled in Tarrant County Community College v. Sims, that Texas’s state law prohibiting employment discrimination on the basis of sex also provides protections against discrimination for LGBTQ workers.
NEW ORLEANS – Ever since a trial court sided with the State Bar of Texas, the Bar has continued to advance a highly “polarizing agenda” on racial issues, argue three attorneys seeking to end mandatory dues.
NEW ORLEANS – Texas law requires all attorneys to join the State Bar of Texas even though it engages in “extensive” political and ideological activities – an unconstitutional "scheme” according to three Texas attorneys who have turned to the U.S. Court of Appeals for the Fifth Circuit in their push to end mandatory dues in the Lone Star State.
DALLAS – The group Save James is reporting the father of James Younger is appealing a ruling ordering family counseling that could cost as much as $5,000 a month.
SAN ANTONIO - The Spike Lee actress who lost a federal lawsuit against El Paso Attorney Kenneth Krohn and Houston Attorney Don Ford last year has filed an appeal with the 5th Circuit in New Orleans.
NEW ORLEANS – Earlier this month, the U.S. Court of Appeals for the Fifth Circuit sided against the National Labor Relations Board, finding that Convergys Corp. has the right to require employees to arbitrate disputes against the company, keeping them from initiating class action lawsuits.
NEW ORLEANS – The 5th U.S. Circuit Court of Appeals threw out a preliminary injunction granted to plaintiffs in a lawsuit filed by the American Civil Liberties Union that challenged the state of Mississippi’s Religious Liberty Accommodations Act (HB 1523), according to a statement from the office of Texas Attorney General Ken Paxton.
DALLAS -- Fifth Court of Appeals Justice, David Lewis, who agreed to a judicial suspension in November 2015 while continuing treatment for alcohol abuse, signed an agreement to resign Oct. 10, 2016, in lieu of pending disciplinary proceedings over accusations by his colleagues that he exhibited erratic behavior and failed to prepare for and participate in cases.
WASHINGTON – The Obama administration wants to convince the Supreme Court to reconsider the decision in U.S. v. Texas, noting that nine justices must be present in the vote to finalize the ruling.
NEW ORLEANS – ExxonMobil Corp. recently asked the U.S. Court of Appeals for
the Fifth Circuit to uphold a district court order that awarded $3.67 million
to the company in an injury claim insurance coverage lawsuit filed against Electrical
Reliability Services Inc. (ERS) and Old Republic Insurance Co.
