U.S. Court of Appeals for the Fifth Circuit
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Big pollution penalty over Exxon's Baytown emissions affirmed
NEW ORLEANS - Exxon is ordered to pay a $14.25 million pollution penalty, a federal appeal court recently held in a case over the company's Baytown refinery. -
Netflix and pizza: Jail officer defeats claim she ignored suicidal man
NEW ORLEANS - A Harris County city and corrections officer won't be liable for the death of a suicidal man who was in custody at its jail, as a federal appeals court has ruled claims were filed too late. -
Baytown cop beats lawsuit after traffic stop turns ugly
NEW ORLEANS - A federal appeals court has ruled for a Baytown cop who had his dog go after a suspect in a traffic stop on Valentine's Day. NEW ORLEANS - A federal appeals court has ruled for a Baytown cop who had his dog go after a suspect in a traffic stop on Valentine's Day. -
Fifth Circuit rules telehealth veterinarian’s constitutional rights were violated by Texas state law
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has decreed that a requirement from the Texas State Board of Veterinary Medical Examiners for those conducting such exams of pets do so in person, does in fact violate the constitutional rights of a telehealth veterinarian. -
Fifth Circuit appeals court finds constitutional rights of minor parties in Texas were not violated
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has joined a lower federal court in finding that the constitutional rights of minor political parties and their candidates in Texas were not violated by numerous provisions of the Texas Election Code. -
Fifth Circuit laments federal government's failure to respond to citizens
NEW ORLEANS - It's not her fault the federal government dragged its heels, an appeals court has ruled in reviving a white woman's discrimination lawsuit against a Houston hospital. -
National Labor Relations Board appeals granting of injunction to pipeline company Energy Transfer, to Fifth Circuit
GALVESTON – The National Labor Relations Board has appealed the granting of a preliminary injunction to pipeline company Energy Transfer, one which allowed the company to continue pursuing claims that the setup of the NLRB is unconstitutional, to the U.S. Court of Appeals for the Fifth Circuit. -
Circuit split: Fifth, 'gritting' its teeth, follows 1980 precedent in poaching case against personal injury lawyer
NEW ORLEANS - Houston state court is the place for a dispute between a personal injury lawyer and his former employer, a reluctant federal appeals court has found in creating a 2-2 split on a technical issue. -
Federal appeals court strikes down FCC’s Universal Service Fund as unconstitutional
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has struck down the Federal Communication Commission’s “Universal Service Fund”, ruling that the measure is unconstitutional under the non-delegation doctrine and legislative vesting clause. -
After Chevron deference struck down, Fifth Circuit revives challenge to Biden DOL rule
NEW ORLEANS – The ripple effects of the U.S. Supreme Court’s recent decision to strike down the Chevron doctrine have materialized in an opinion from a federal appellate court, which puts in jeopardy one of President Joe Biden’s first actions after he took office in January 2021. -
U.S. Court of Appeals for the Fifth Circuit upholds dismissal of Harris County sheriff's deputy from sexual assault civil case
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit has affirmed the dismissal of a Harris County, Texas sheriff’s deputy charged with deliberate indifference, in a suit connected to the sexual assault of a Houston woman. -
Fifth Circuit affirms lower court's denial of business interruption coverage for COVID-19 losses
NEW ORLEANS – A federal appellate court has upheld a lower court’s decision that a nonprofit health system’s insurance policy did not cover business interruption losses caused by the COVID-19 pandemic. -
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. -
Fifth Circuit finds bump stock ban not authorized by federal law
NEW ORLEANS - A regulation promulgated by the ATF to interpret the federal prohibition on machineguns as extending to bump stocks violates federal law, the U.S. Court of Appeals for the Fifth Circuit concluded on Friday. -
Fifth Circuit serves Texas craft brewers a victory to-go
NEW ORLEANS - On Monday, the U.S. Court of Appeals for the Fifth Circuit affirmed a ruling allowing two Texas breweries to sell their beer to-go. -
Fifth Circuit affirms dismissal of suit against Harris County probate judge
HOUSTON - The U.S. Court of Appeals for the Fifth Circuit recently affirmed the dismissal of a lawsuit brought against Judge Michael Newman, justice of the Probate Court of Harris County. -
Fifth Circuit: OSHA COVID-19 mandate on jabs, tests and masks violates the ‘safeguards of our collective liberty’
NEW ORLEANS - A recent OSHA mandate requiring employees of covered employers to undergo COVID-19 vaccination or take weekly COVID-19 tests and wear a mask “violates the constitutional structure that safeguards our collective liberty,” according to the Fifth Circuit Court of Appeals. -
Texas AG sues Biden Administration for 'unconstitutional' vaccine mandate
AUSTIN - Attorney General Paxton and several allied states and companies sued the Biden Administration for its illegal and unconstitutional vaccine mandate imposed on private businesses, a press release states. -
Texas Bar leaves attorneys ‘on the hook to fund ideological activities’ – Fifth Circuit finds
AUSTIN – Lone Star attorneys who object to how the Texas Bar spends the mandatory dues it collects are left “on the hook to fund ideological activities” they do not support, according to an opinion issued by the U.S. Court of Appeals for the Fifth Circuit yesterday. -
BRADLEY ARANT BOULT CUMMINGS: Bradley Welcomes 24 New Attorneys
Bradley is pleased to announce that 24 attorneys have joined the firm’s offices in Birmingham; Charlotte, N.C.; Houston, Tex.; Jackson, Miss.; Nashville, Tenn.; and Tampa, Fla.