Fifth Circuit Court of Appeals News

5th Circuit Court of Appeal affirms judgment in medical malpractice case

By Robert Davis | Mar 29, 2018

Louisiana's 5th Circuit Court of Appeal has affirmed a judgment by a trial court that sustained Ochsner Clinic Foundation's exception of prescription in a medical malpractice case.

Fifth Circuit overturns summary judgment in longshoreman's death

By David Hutton | Dec 28, 2017

NEW ORLEANS — The U.S. Fifth Circuit Court of Appeals has overturned a lower court’s ruling in a negligence lawsuit stemming from an accident in which a longshoreman stepped through a hole in a decommissioned oil platform and plunged 50 feet to his death.

Time-barred complaint denies former Quality Energy employee disability benefits

By Angela Underwood | Dec 23, 2017

NEW ORLEANS — The Louisiana Fifth Circuit Court of Appeals affirmed a former employee’s disability claims are in fact time-barred.

Appeals court rules against BP, confirms Murphy Oil's $58.4 million settlement award

By Dawn Geske | Dec 19, 2017

NEW ORLEANS – BP Exploration & Production Inc. has lost its appeal against Murphy Oil USA to recover $58.4 million in an award settlement as part of the Deepwater Horizon Oil Spill lawsuit.

Duncan gets JCN support for Fifth Circuit nomination

By Sara McCleary | Nov 21, 2017

A lawyer selected by President Trump to serve on the Fifth Circuit Court of Appeals has received the backing of the Judicial Crisis Network.

5th Circuit Court of Appeals vacates district court ruling in pig iron attachment dispute

By David Hutton | Sep 19, 2017

Two creditors that attached the same pig iron owned by America Metals Trading LLP (AMT) will have to continue seeking a resolution after the 5th Circuit Court of Appeals vacated a district court ruling that dissolved one creditor’s attachment.

Appeals court dismisses false imprisonment accusations against Sorrento police chief

By Angela Underwood | Sep 15, 2017

The 5th Circuit Court of Appeals affirmed a police chief did not unlawfully hold a citizen who alleged false imprisonment.

Boat transportation dispute unlikely to affect future maritime cases, professor says

By Kacie Whaley | Aug 31, 2017

The U.S. Court of Appeals for the 5th Circuit has ruled to reverse a district court’s judgment preventing Industrial Maritime Carriers’ in rem action toward an ocean carrier and otherwise affirm the judgment.

Appeals court upholds damages awarded to rig accident survivors

By Sam Knef | Apr 18, 2017

The U.S. Fifth Circuit Court of Appeals recently affirmed a lower court's judgment awarding damages to survivors of a deadly barge accident in Bayou Sorrel.

Fifth Circuit gives split decision in dredging suits against oil and gas companies

By Sam Knef | Apr 9, 2017

NEW ORLEANS — The 5th Circuit Court of Appeals recently issued a split decision for more than 80 Louisiana commercial crawfishermen who claimed dredging activities initiated by oil and gas companies in the Atchafalaya Basin caused damage to their fisheries.

5th Circuit affirms finding for bankruptcy trustee in wage garnishment case

By Sam Knef | Mar 21, 2017

NEW ORLEANS — The 5th Circuit Court of Appeals has affirmed a finding in favor of a bankruptcy trustee in a dispute over $1,756.04 in garnished wages.

Summary judgment for Wal-Mart in slip-and-fall case reversed and remanded

By Sam Knef | Mar 21, 2017

NEW ORLEANS — A woman's slip-and-fall case against Wal-Mart has been given new life at the 5th Circuit Court of Appeals.

Appeals court hears Confederate-flag case

By Noell Wolfgram Evans | Mar 17, 2017

NEW ORLEANS — The case over whether the state of Mississippi should be required to remove the Confederate battle-flag symbol from its state flag was heard by the 5th Circuit Court of Appeals earlier this month.

Appeals court rules that New Orleans’ Confederate statues can come down

By Dawn Geske | Mar 16, 2017

NEW ORLEANS — A federal appeals court has ruled that Confederate statues in New Orleans will come down, allowing city officials to remove these historic symbols as prominent fixtures in the city.

Southern University professor’s retaliation claim gets mixed ruling by 5th Circuit

By Sam Knef | Mar 15, 2017

NEW ORLEANS — The 5th Circuit Court of Appeals has affirmed the dismissal of a Southern University math professor's Title VII retaliation claim against her employer and supervisor.

Appeals court finds in favor of construction company over Golden Nugget Lake Charles in lien dispute

By Sam Knef | Mar 12, 2017

NEW ORLEANS — The 5th Circuit Court of Appeals has found in favor of a construction company over Golden Nugget Lake Charles in a $18.7 million lien dispute.

Fifth Circuit rules companies can reform indemnity provisions in contract

By Sam Knef | Mar 12, 2017

NEW ORLEANS — The 5th Circuit Court of Appeals has affirmed a district court’s ruling in an insurance dispute that allowed changes to be made to a contract so that an injured offshore worker could get a $2.5 million settlement.

Appellate court affirms that maritime law applies in case involving injured offshore well worker

By Sam Knef | Mar 8, 2017

NEW ORLEANS — The 5th Circuit Court of Appeals has affirmed that maritime law applies in the case of an injured offshore natural-gas well worker on a fixed production platform.

Conviction of New Orleans traffic court accountant who overbilled will stand

By Sam Knef | Mar 3, 2017

NEW ORLEANS — The conviction and three-year sentence of an accountant found guilty of theft, money laundering and unlawful payment structuring while working as a contractor for the New Orleans Traffic Court will stand, a court has ruled.

Appeals court affirms district court's denial to review boat lift operator’s Horizon claim

By Sam Knef | Mar 3, 2017

NEW ORLEANS — The 5th Circuit Court of Appeals has upheld a finding from federal court in New Orleans that refused to hear a boat lift operator's claim for damages involving the Deepwater Horizon oil spill. 

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