U.S. Court Of Appeals For The Fifth Circuit
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Fifth Circuit swats attempt to delay smelly-dump trial
NEW ORLEANS (Legal Newsline) - Defendants accused of creating a public nuisance by operating a smelly dump in Louisiana can’t delay a trial while they wait to see if a court certifies a class action over the same questions, the Fifth Circuit Court of Appeals ruled in a decision that dismissed the defense theories as wrong. -
Federal appeals court refuses to stay order that sent Louisiana coastal erosion lawsuit to state court
Energy-company defendants in Louisiana’s coastal erosion lawsuits again expressed disappointment after a federal appeals court panel declined to stay its October ruling that sent one of the civil lawsuits back to state court on Plaquemines Parish. -
Groups file amicus brief supporting man's right to compare pandemic to zombie apocalypse
Ensuring that humor in its many forms continues to receive the full protection of the First Amendment has become an increasingly serious issue for supporters of a Louisiana man who was arrested for posting a joke on Facebook. -
Landry hails appeals court ruling declaring federal horseracing law unconstitutional
Federal horseracing regulators will pursue a review of a Fifth Circuit Court of Appeals decision that concluded the recently passed Horseracing Integrity and Safety Act (HISA) is unconstitutional. -
State courts should try coastal erosion lawsuits against oil companies, Fifth Circuit decides
The civil lawsuits filed by parishes seeking billions of dollars from Louisiana energy companies for their alleged role in coastal erosion should be decided in state rather than federal courts, a federal appeals court has decided. -
Louisiana property owners lose bid to get gain share of pipeline firm's profits
The co-owners of 160 acres of Louisiana property are not entitled to a share of a pipeline company’s profits even though the company’s pipelines were constructed partially outside of the locations agreed to in a contract, a federal appeals court has ruled. -
Liberty Justice Center 'very pleased' with Fifth Circuit decision halting vaccine mandate
A lawsuit spearheaded by a Louisiana business owner has led a federal appeals court to order the Biden administration to halt enforcement of its COVID-19 vaccine mandate for private employers until the issue is fully adjudicated. -
Federal class action over chemical emissions at LaPlant facility gets green light
A federal appeals court has breathed new life into a class action lawsuit alleging that St. John the Baptist Parish residents were exposed to unsafe levels of the chemical chloroprene from a plant that manufacturers synthetic rubber. -
New Orleans casino liable after contractor runs over woman; Flagman walked past but didn't warn
NEW ORLEANS (Legal Newsline) - Harrah’s Casino in New Orleans is liable for injuries a woman suffered after a contractor hired to remove birds from the trees in front of the building ran over her with a motorized high-lift platform, the U.S. Court of Appeals for the Fifth Circuit has ruled, rejecting the casino’s arguments it wasn’t responsible for the actions of an independent contractor. -
Louisiana bar owners lose bid to overturn governor's COVID-19 order
A federal appeals court has upheld a coronavirus order issued by Gov. John Bel Edwards that forced traditional bars around the state to stop serving alcohol and food to customers on their premises. -
Pastor's challenge to Edwards' COVID-19 orders still alive, attorney says
The U.S. Supreme Court has declined to take up a Baton Rouge pastor’s quest for an injunction against Gov. John Bel Edwards’ coronavirus orders in the early months of the pandemic, but his attorney said the original case remains alive. -
Louisiana oil firms seek to overturn panel's ruling on coastal lawsuits
Louisiana energy companies have mounted a challenge over last month’s three-judge panel ruling that concluded lawsuits blaming the industry for coastal erosion belong in state court. -
Louisiana coastal erosion lawsuits routed to state courts
A federal appeals court has rebuffed Louisiana energy companies’ efforts to move two parish lawsuits blaming the industry for coastal erosion from state to federal courts. -
BP loses appeal of Mississippi Walmart settlement classification after Deepwater Horizon spill
NEW ORLEANS – The U.S. Court of Appeals for the 5th Circuit ruled Jan. 28 that the Walmart store in Pass Christian, Mississippi was correctly classified as a startup business in the settlement agreement process following the Deepwater Horizon Oil Spill in 2010, which is the exact opposite of the claim filed by BP Exploration & Production. -
Fifth Circuit Court won't rehear police officer's case against Black Lives Matter activist over injuries
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit refused a request by Officer John Doe to rehear a case en banc against DeRay McKesson and Black Lives Matter with an 8-8 decision. -
Hammond hospital won't have to issue small payout after all in copyright infringement case, federal appeals court rules
NEW ORLEANS — A Hammond hospital won't have to pay the paltry amount in statutory damages or legal fees a federal court ordered more than a year ago for infringing on a credentialing company's copyright, an appeals court panel recently ruled. -
Appeals court dismisses complaint for jurisdiction after man gets mesothelioma from asbestos exposure
On August 15, the U.S. Court of Appeals for the Fifth Circuit pointed to a lack of jurisdiction when it dismissed a case in which a man sued after contracting mesothelioma from exposure to asbestos. -
Appeals court: Fishermen aren't entitled to Deepwater Horizon settlement after failure to comply with order
The U.S. Court of Appeals for the Fifth Circuit has affirmed that several menhaden fishermen were not entitled to a settlement agreement involving Deepwater Horizon litigation. -
Officer can sue Black Lives Matter activist for negligence after being injured during protest, appeals court says
A police officer can sue a Black Lives Matter activist for injuries after the officer was struck with a rock during a protest, the U.S. Court of Appeals for the Fifth Circuit ruled Aug. 8. -
Long-running constitutional claims of deceased St. Joseph alderman involving former mayor, too many mobile homes remanded to state court
NEW ORLEANS — The long-running case of a now-deceased St. Joseph alderman who claimed his constitutional rights were violated when the town dunned him for placing too many mobile homes on his father's property will continue following a recent federal appeals court's decision.