Fifth Circuit Court of Appeals

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Fifth Circuit Court of Appeals News

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

3 hrs ago | JD Supra

State Court Lawsuit Removable if Plaintiff-Employee's Pleadings ...

"You have been sued." Upon reading these first few words of a state court citation, most Texas employers - indeed, most employers - make it their first order of business to remove the case to federal court if at all possible.

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Related Topix: Texas Government, Texas, US News, Law, Employment / Labor Law

7 hrs ago | Grits for Breakfast

Litigation heating up over summertime prison conditions: 5th Circuit...

At Texas Monthly's website, Annie Melton reflects on the looming question: " Will a ruling on extreme conditions at the Louisiana State Penitentiary influence lawsuits pending in Texas? " She's talking about a federal court's ruling in favor of death row inmates in the Angola unit in Louisiana which may soon cause our Bayou State neighbors to "join ... (more)

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

12 hrs ago | Chron

Appeals court reinstates part of woman's suit against Fort Bend County

A Fort Bend County employee fired for attending a church event when her time off request had been denied could see her lawsuit go to trial.

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Related Topix: Fort Bend County, TX, US News

Tue Aug 26, 2014

News Journal

Former trustee's appeal on theft conviction is dismissedFormer...

Former trustee's appeal on theft conviction is dismissed Clark Swank's appeal of his conviction for theft in office has been dismissed Check out this story on mansfieldnewsjournal.com: http://ohne.ws/1tHue9c The Fifth District Court of Appeals has dismissed former Worthington Township Trustee Edwin C. "Clark" Swank's appeal of his conviction for ... (more)

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Related Topix: US News

Dallas Morning News

$360,000 verdict against Oncor in dairy fire overturned

A $360,000 jury verdict against the power transmission company Oncor for its role in a South Dallas dairy fire in 2008 has been overturned.

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Related Topix: US News, Dean Foods

Courthouse News Service

Limits on Access to Eagle Feathers Questioned

The Interior Department may be infringing on the religious freedom of Native Americans by limiting the right to possess eagle feathers to federally recognized tribes, the 5th Circuit ruled.

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Related Topix: US News, McAllen, TX

NOLA.com

Business efforts to speed up oil spill claims payments stall in appeals court

Two businesses trying to get settlement money sooner from the BP oil spill litigation hit a dead end at a federal appeals court this week.

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Related Topix: US News

Sat Aug 23, 2014

Jurist

Louisiana abortion clinic challenges new state law

The law requires that every doctor who provides abortions have active admitting privileges at a hospital not more than 30 miles from where the abortion is performed, and gives doctors 81 days to comply.

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Related Topix: Medicine, Abortion

Fri Aug 22, 2014

The Times-Picayune

NOPD officer who burned Henry Glover's body to file new appeal

Gregory McRae, the former New Orleans Police officer who was sentenced for the second time last week to 17 years in prison for burning the body of Henry Glover after Hurricane Katrina, will appeal his prison term and make a bid for a new trial, his attorney said.

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Related Topix: US News

Wed Aug 20, 2014

The Town Talk

City Council needs to pay attorney his due - Our viewCity Council...

It's sad it took a judge's threat to seize assets to get the city to do the right thing.

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Related Topix: US News, Opinion

Queerty

AT&T: "Don't Let Our Silly $125,000 Donation To An Antigay Politician Fool You, We Love Homos!"

Facebook's $10,000 donation to antigay Utah Attorney General Sean Reyes pales in comparison to the huge donation AT&T made to the gubernatorial campaign of Greg Abbott, the antigay Republican of Texas currently running against Wendy Davis.

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Related Topix: Gay/Lesbian, US News

Reuters

U.S. effort to protect bald eagle suffers legal setback

The bald eagle may no longer be extinct, but the U.S. effort to protect the national bird became harder on Wednesday.

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Related Topix: US News

News Journal

Supreme Court hears Knox nursing home benefits caseSupreme Court...

Supreme Court hears Knox nursing home benefits case Can couple make unlimited transfers of assets before entering nursing home? Check out this story on mansfieldnewsjournal.com: http://ohne.ws/1oRO8ij transfer of assets from a wife who is entering a nursing home to her husband, after she applies for Medicaid coverage, but before eligibility is ... (more)

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Related Topix: Healthcare Law, Law, Medicaid, Health, Ohio, Ohio Government, US News, Long Term Care

JD Supra

Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

Liability insurance policies typically exclude coverage for obligations arising out of the insured's "assumption of liability in a contract or agreement."

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Related Topix: US News, Sunnyvale, TX

Star-Telegram.com

Lane, Leonard can keep seats on Tarrant water board, attorney says

An attorney hired by the Tarrant Regional Water District said Tuesday that board members Marty Leonard and Jim Lane can continue to serve without any action needed by the full board.

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Related Topix: Texas, Texas Government

American Thinker

Improve Women's Health Care with Physician Admitting Privilege Laws

Following the death of a young elementary school teacher, Jennifer Morbelli, I had the sad duty of speaking at a press conference in Germantown, MD, in February 2013.

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Related Topix: Germantown, MD, Abortion, US News

Tue Aug 19, 2014

Vision Monday

Appeals Court Eliminates Walmarta s $1.4 Million Penalty in Case Brought by Texas Optometrists

In a case that goes back to 1992, when Walmart first began leasing space to Texas optometrists, the U.S. Court of Appeals for the Fifth Circuit decided Thursday, Aug. 14, 2014, to eliminate a $1.4 million penalty that had been levied against the retailing giant for encouraging optometrists to extend their business hours.

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Related Topix: Optometry, Medicine, US News

NOLA.com

Renee Gill Pratt, convicted politician, should report to prison, feds say

Federal prosecutors want former New Orleans City Councilwoman Renee Gill Pratt to start serving a four-year prison sentence next month, closing a gap of more than three years between her corruption conviction and when she will actually report to a lockup.

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Related Topix: New Orleans, LA, US Politics, US News, US House of Representatives, William Jefferson, Democrat

Housing Wire

5th Circuit U.S. Court of Appeals affirms MERS authority to assign mortgage

The U.S. Court of Appeals for the Fifth Circuit affirmed MERSCOP Holdings' authority to assign the mortgage lien as its basis for affirming the dismissal of a wrongful foreclosure lawsuit.

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Related Topix: US News, Home, Mortgage, Personal Finance, Foreclosures

Mon Aug 18, 2014

FindLaw

Miss. Wants an En Banc Shot at Abortion Law Appeal

The decision that kept Mississippi's only remaining abortion clinic open, despite a state law requiring the doctors working there to have admitting privileges at nearby hospitals , was so unusual that we gave it the double-post treatment.

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Related Topix: Mississippi Government, Mississippi, Abortion, Medicine, US News, US Supreme Court

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