Fifth Circuit Court of Appeals

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News on Fifth Circuit Court of Appeals continually updated from thousands of sources around the net.

3 hrs ago | JD Supra

Deepwater Horizon ruling puts focus on prevention

A US judge's decision to slap BP with a finding of gross negligence in the Deepwater Horizon oil spill case could have a ripple effect on shipowners, maritime lawyers say. Last week's decision by District Judge Carl Barbier exposes the UK-headquartered energy giant to up to $18bn in fines for the 2010 drillship incident because, under the same US laws that cover tanker spills, civil penalties are quadrupled in cases of gross negligence compared with "ordinary negligence".

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Related Topix: Oil Spill, US News, Louisiana

10 hrs ago | The Town Talk

La. officials seeks to reverse federal judge's rulingLa. officials...

La. officials seeks to reverse federal judge's ruling Officials ask to reverse finding that conditions at La. Penitentiary are unconstitutional Check out this story on thetowntalk.com: http://www.thetowntalk.com/story/news/local/2014/09/15/la-officials-seeks-reverse-federal-judges-ruling/15697539/ State officials are asking a federal appellate court to reverse the judge's finding that hot conditions at the Louisiana State Penitentiary's death row are unconstitutional.

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Related Topix: Prison, State Prisons, Louisiana State Penitentiary, US News

Mon Sep 15, 2014

Medical News

Appeals court considers Texas abortion clinic law

The law, which was ruled unconstitutional last month, would allow Texas to close more than half the state's abortion facilities. Kaiser Health News : Appeals Court Weighs Texas Abortion Law A federal appeals court in New Orleans is reviewing whether 11 clinics that provide abortion in Texas must immediately close their doors because they don't comply with a state law requiring that they meet all the standards of an outpatient surgical center .

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Related Topix: Abortion, US News

NOLA.com

New Orleans-based U.S. appeals court among few with mostly GOP appointees, NY Times reports

The New Orleans-based 5th Circuit U.S. Court of Appeals is one of only a handful of federal appeals courts with more Republican appointees serving on the bench than Democratic ones, according to the Federal Judicial Center . That ratio won't change much even if Obama is able to fill two vacant seats.

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Related Topix: US News, New Orleans, LA

Dallas Observer

The Future of Women's Healthcare in Texas Looks Bleak. What's Next?

Listening to the oral arguments before the 5th U.S. Circuit Court of Appeals on Friday confirmed what advocates for reproductive rights feared upon seeing the three-judge panel selected to hear the Texas' appeal of a lower-court ruling striking down two sections of House Bill 2, the 2013 legislation enacted to restrict access to abortion. Two of the judges, Jerry E. Smith and Jennifer Elrod, seemed ready to rule in favor of the state, as they did in a previous challenge to HB2.

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Related Topix: Texas, US News, Abortion

JD Supra

Fifth Circuit Holds that Texas Public Utility Commission Can Limit...

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit , in a 2-1 decision , reversed an opinion by the United States District Court for the Western District of Texas and held that the Public Utility Commission of Texas acted within its discretion and properly implemented a federal regulation under the Public Utilities Regulatory Policies Act of 1978 in a manner that limits the ability of Qualifying Facilities to enter into a long-term, fixed-price power purchase agreements, known as "PURPA Put Contracts," with electric utility buyers to QFs that generate "firm power" as defined by the PUCT.

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Related Topix: US News

Sun Sep 14, 2014

KCEN

Pro-Life Waco Welcomes Texas Alliance for Life

The group played an influential role in passage of House Bill 2 in terms of helping to draft it and convince the legislature to vote for it. They also helped mobilize over a thousand of people on the grassroots level, including many in the Waco area, at the capitol in Austin to show support for the bill.

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Related Topix: Texas, Abortion, US News

KSLA-TV Shreveport

Ex-police appeal dismissal of lawsuit

Former police officers whose federal lawsuit alleging corruption and retaliation in the Lafayette Police Department was dismissed in August have filed an appeal. The 15 plaintiffs appealed the judgment to the U.S. 5th Circuit Court of Appeals, about a month after U.S. District Judge Richard Haik dismissed all claims against Lafayette Consolidated Government, the Police Department, Chief Administrative Officer Dee Stanley, Police Chief Jim Craft and retired police commander George "Jackie" Alfred.

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Related Topix: US News

Off the Kuff

Fifth Circuit hears HB2 arguments

Federal appeals court judges who got their first look at the latest challenge to Texas' tough new abortion law Friday appeared to show support for the law but some reluctance to immediately allow it to be enforced as the legal fight over it continues. The three-judge panel of the 5th U.S. Circuit Court of Appeals took turns firing questions at lawyers for the state and abortion providers in a hearing over the state's request for permission to enforce parts of the law that were thrown out by an Austin-based judge last month.

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Related Topix: Healthcare Law, Law, US News, Texas, Abortion

Off the Kuff

Plaintiffs respond to Abbott's brief in same sex marriage appeal

Lawyers for two same-sex couples who are trying to overturn Texas' gay marriage ban said Tuesday that the state's attempt to defend its prohibition has defied both logic and a stream of recent judicial rulings. "As numerous courts already concluded, no conceivable basis exists to deny same-sex couples their right to marry or to refuse to recognize their lawful out-of-state marriages," said the plaintiffs' brief filed with the 5th U.S. Circuit Court of Appeals in New Orleans.

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Related Topix: Texas, Gay/Lesbian, US News

Sat Sep 13, 2014

The Advocate

Continue reading a '

Photo provided by U.S. Distric Court -- Fans low into cells in death row at the Louisiana State Penitenary at Angola. Some inmates have complained about the conditions at the prison.

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Related Topix: Prison, Louisiana, Angola, LA, State Prisons, Louisiana State Penitentiary, US News

Fri Sep 12, 2014

Fire Dog Lake

Austin Banner Drop for Texas Abortion Access

On Thursday activists in Austin, Texas performed a " banner drop " - tying a painted sheet to a highway overpass - above Interstate Highway 35 during a busy evening's rush hour. The banner read, "Abortions Save Lives, Keep Clinics Open, Block #HB2 ."

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Related Topix: Abortion, US News

JD Supra

ERISA Applied to Deferred Compensation Plan

The plan, which was sponsored by RBC Capital Markets Corporation and other related entities , was similar in design to many plans used by financial services industry employers to improve employee retention. The case is noteworthy because such plans are generally viewed as exempt from ERISA.

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Related Topix: Law, Employment / Labor Law, Pension, Personal Finance, US News

National Public Radio

Opponents Spar In Court About Clinics Performing Abortions In Texas

Abortion rights advocates filled the rotunda of the State Capitol in July, 2013, as Texas senators debated sweeping abortion restrictions. Some of those restrictions are now under federal review.

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Related Topix: Texas, Abortion, us Travel, North America Travel, Travel, New Orleans Travel, US News, Liberal Political News

USA Today

Texas abortion law heads to federal court

Texas' sweeping abortion law, which has led to the shuttering of 20 clinics across the state, returns to federal appeals court today. Supporters and opponents of the law will argue their sides in the Texas abortion law heads to federal court AUSTIN - Texas' sweeping abortion law, which has led to the shuttering of 20 clinics across the state, returns to federal appeals court today.

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Related Topix: Abortion, US News

JD Supra

The Fifth Circuit Narrowly Construes 'Good Faith' In The Context Of Lending To A Debtor

Debtor-in-possession financing is a critical issue that comes up at the beginning of most large to mid-sized bankruptcy cases. Companies filing bankruptcy are typically doomed to a rapid liquidation if they are unable to obtain new financing to support them through the bankruptcy process.

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Related Topix: Economics News, Bankruptcy, US News

Courthouse News Service

5th Circuit Upholds IRS Penalties Against Dow

Sham partnerships with foreign banks helped Dow Chemical Co. nab more than $1 billion in tax deductions, the 5th Circuit ruled.

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Related Topix: US News, Rubber-Plastics, Manufacturing, Dow Chemical, Chemicals

WXOW-TV La Crosse

Texas abortion restrictions at US appeals court

A federal appeals court that has already upheld one Texas restriction on abortions is hearing arguments about an even tougher part of the same law: the requirement that all abortion clinics adopt costly... A federal appeals court that has already upheld a Texas law restricting abortions is hearing arguments about an even tougher part of the same law, which requires all abortion clinics to adopt costly standards mandated for... From afar, it looks and sounds like a regular recreational baseball game: the crack of the bat, the cheering from the bench, the sliding into home. Body odor is among 52 criteria that officials at San Diego International Airport use to judge taxi drivers.

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Related Topix: Texas, US Governors, Brian Sandoval, US News

The York Daily Record

Texas abortion restrictions at US appeals court

A federal appeals court that has already upheld a Texas law restricting abortions is hearing arguments about an even tougher part of the same law, which requires all abortion clinics to adopt costly standards mandated for walk-in surgical clinics. Texas asked the 5th U.S. Circuit Court of Appeals to reinstate the requirement found unconstitutional by a federal judge in Austin.

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Related Topix: Texas, US News

Thu Sep 11, 2014

Jurist

Missouri legislature overrides veto to enact 72-hour abortion waiting period

Under the new requirement [AP report] woman in Missouri must wait 72 hours after consulting a doctor before having an abortion, and the requirement does not grant an exception for instances of rape and incest. Missouri's previous abortion law mandated a 24-hour waiting period.

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Related Topix: Abortion, Jay Nixon, US Governors, US News

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