Fifth Circuit Court of Appeals News

Appeals court upholds claimant's $2 million award from BP

By Kyla Asbury | Apr 8, 2019

NEW ORLEANS — The United States Court of Appeals for the Fifth Circuit ruled that an award of $2 million by BP to a claimant involving Deepwater Horizon litigation was proper.

Court denies NFL team's request over Deepwater Horizon claim

By Kyla Asbury | Apr 8, 2019

NEW ORLEANS — The Tampa Bay Buccaneers sought to have the courtroom sealed for a hearing involving damages from the Deepwater Horizon oil spill, which the court denied.

Lower court is directed to adjust award in trademark infringement case

By Charmaine Little | Mar 29, 2019

The U.S. Court of Appeals in the 5th Circuit has directed the U.S Court for the Eastern District of Louisiana to determine the amount of fees a nonprofit watchdog group should receive in its trademark infringement case against a similar organization.

Court rules that Louisiana pipeline can go through wetlands

By Carrie Bradon | Feb 10, 2019

A Louisiana appeals court upheld the controversial decision to allow the Bayou Bridge Pipeline to be constructed through a portion of the state’s wetlands by a 4-1 vote on Jan. 30

Appeals court backs dismissal of former St. John the Baptist Parish deputy's race discrimination case

By Charmaine Little | Jan 15, 2019

NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit recently upheld a decision by the U.S. District Court for the Eastern District of Louisiana to dismiss a race discrimination and retaliation lawsuit filed by a former deputy in St. John the Baptist Parish against the parish's sheriff.

$2.5 million award against BP vacated amid continuing litigation fallout

By Charmaine Little | Jan 2, 2019

In what was said to be because of a calculation err from a lower court, the U.S. Court of Appeals for the Fifth Circuit vacated and remanded a $2.56 million settlement on November 9 for a company in an ongoing legal battle with BP.

Expert testimony dismissed in man's accidental death from bow and arrow

By Charmaine Little | Nov 12, 2018

On Oct. 24, the United States Court of Appeals for the Fifth District affirmed a lower court’s testimony that barred an expert witness’s testimony from an accidental death involving a bow and arrow.

Appeals court affirms damages in ambulance, truck crash

By Gabriel Neves | Sep 26, 2018

A nearly half-million dollar judgment in favor of two brothers injured when an ambulance crashed into their truck was not excessive, an appeals court ruled.

Louisiana State Museum board receives split decision in discrimination case

By Charmaine Little | Aug 31, 2018

NEW ORLEANS-- The U.S. Court of Appeals for the Fifth Circuit affirmed Aug. 24 in part, reversed and rendered in part the Louisiana State Museum’s board members’ appeal after a lower court awarded a man monetary damages and attorney fees in a discrimination case.

Appeals court dismisses malpractice lawsuit against East Jefferson General Hospital

By Charmaine Little | Aug 31, 2018

NEW ORLEANS -- The Fifth Circuit Court of Appeal for Louisiana affirmed a trial court’s decision Aug. 29 that granted a Louisiana hospital an exception of prescription and dismissed a claim of negligence from a deceased patient’s family.

Court upholds damages in ambulance crash involving West Jefferson Medical Center

By Danielle Pacey | Aug 18, 2018

NEW ORLEANS - A judge has refused to change the damages in a personal injury case appealed by both sides: the West Jefferson Medical Center and a family injured in an ambulance accident.

Ducote ineligible for state Supreme Court run

By Angela Underwood | Aug 15, 2018

A Louisiana Supreme Court candidate’s challenge to stay in the 2018 General Election has been lost.

Federal appeals court sides with VA in Lafayette doctor's racial discrimination case

By Karen Kidd | Jul 23, 2018

A federal appeals court upheld a lower court's decision dismissing a Veterans Administration physician's racial discrimination lawsuit.

Appeals court backs dismissal of firefighter groups' accounting malpractice suit because it was filed prematurely

By Charmaine Little | Jul 11, 2018

The 5th U.S. Circuit Court of Appeals recently affirmed a lower court's decision to dismiss a malpractice suit against accounting firm Grant Thornton LLP brought by the Firefighters’ Retirement System, Municipal Employees’ Retirement System of Louisiana and the New Orleans Firefighters’ Pension and Relief Fund.

Fifth Circuit Appeals Court issues multi-faceted ruling on employment dispute

By Sandra Lane | Jun 16, 2018

An employment dispute between a seller of ocean-going cruises and one of its sales people was reviewed by a three-judge panel in the U.S. Court of Appeals, Fifth Circuit, on April 23, resulting in a mixed verdict.

DoorDash’s arbitration clause in independent contractor agreement upheld

By Dawn Geske | May 16, 2018

NEW ORLEANS – The U.S. Court of Appeals for the 5th Circuit has upheld a finding from the U.S. District Court for the Southern District of Texas for arbitration between an employee and a food delivery service.

Court dismisses inmate’s personal injury suit against St. John the Baptist Sheriff’s Department

By Amanda Thomas | Apr 28, 2018

A Louisiana court has affirmed a lower court’s decision to dismiss an inmate’s personal injury case against the St. John the Baptist Sheriff’s Department due to lack of subject matter jurisdiction.

New Orleans federal judge dismisses libel, slander, fraud claims in failed purchase agreement case

By Karen Kidd | Apr 26, 2018

NEW ORLEANS (Louisiana Record) — After dismissing claims except libel, slander and fraud alleged by Edward B. Mendy and Chef Properties last year in a lawsuit over a property purchase agreement that fell through, a federal judge has dismissed those claims as well, ruling there was no support for the allegations. "

Teen's excessive-force claim against Opelousas, officer sent back to district court

By Karen Kidd | Apr 16, 2018

NEW ORLEANS — A teenager's excessive-force claim against the city of Opelousas and one of its police officers is headed back to district court after an appeals court vacated parts of a summary judgment in the case over the teen's arrest in 2015.

Fifth Circuit affirms lower court's ruling finding man guilty of re-entering U.S. illegally

By Karen Kidd | Apr 15, 2018

NEW ORLEANS — A federal jury's conviction of a Mexican man for illegal re-entry into the United States in 2016 has been affirmed on appeal, despite the felon's claim that his Brady rights had been violated.

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