Fifth Circuit Court of Appeals News
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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".
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 .
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.
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.
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.
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.
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.
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 ."
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.
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.
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.
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.
Sham partnerships with foreign banks helped Dow Chemical Co. nab more than $1 billion in tax deductions, the 5th Circuit ruled.
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.
Updated: Tue Sep 16, 2014 08:41 am
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