U.S. Court of Appeals for the Fifth Circuit News

Insurer absolved from paying out for contractor's damages in construction project gone bad

By Megan Sims | Aug 14, 2018

NEW ORLEANS – The 5th U.S. Circuit Court of Appeals recently turned down a construction company's bid to recover damages from its excess insurance provider after the insurer denied the contractor's claim regarding a courthouse project that went wrong.

Transformer maker's bid to collect for shipping damage shut down by appeals court

By Megan Sims | Aug 14, 2018

NEW ORLEANS – A Netherlands-based power transformer manufacturer that filed a lawsuit after three of its transformers were damaged en route to St. Gabriel, Louisiana, recently lost its bid to collect damages in the 5th U.S. Circuit Court of Appeals.

Appeals court judge says threats to sue or file a complaint not criminal actions

By Sandra Lane | Aug 11, 2018

An appeals court judge upholds a lower court ruling that Louisiana statute is “unconstitutionally overbroad.”

Royal Smit loses appeal against freight companies, railroad

By Danielle Pacey | Aug 7, 2018

Royal Smit and insurers believed that Central Oceans' contracted carriers were responsible for damaged transformers shipped to St. Gabriel, Louisiana from Netherlands

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.

Court affirms dismissal of Air Force major's property tax claim

By Charmaine Little | May 13, 2018

An active-duty Air Force major was denied a retrial in a property tax case, according to a May 9 opinion of the U.S. Court of Appeals for the Fifth Circuit.

Fifth Circuit to rule on case involving man who was arrested for threatening to file complaint against police

By Justin Stoltzfus | May 9, 2018

William Aubin Jr. was at home when a sheriff’s deputy arrived on his street looking for a reckless driver. The deputy was not looking for Aubin, but he ended up getting arrested anyway.

Fifth Circuit upholds ruling sending non-compete agreement case to arbitration

By Carrie Salls | Apr 21, 2018

NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit upheld a lower court's ruling sending a non-compete and non-solicitation violation dispute between The Shaw Group/Aptim Corp. and a former Shaw Group employee to arbitration.

AG Landry applauds ruling to ban sanctuary city

By Tomas Kassahun | Apr 6, 2018

Louisiana Attorney General Jeff Landry is applauding the U.S. Court of Appeals for Fifth Circuit, which favored a Texas law that allows a sanctuary city ban.

Appeals court declines to revive 11-year-old civil rights case against St. Tammany Sheriff's Office

By Karen Kidd | Mar 29, 2018

A federal appeals court recently declined to revive an 11-year-old civil rights lawsuit of a longtime fugitive who claimed he'd been beaten while handcuffed by St. Tammany Parish sheriff's deputies during a traffic stop in 2006.

Judge partially dissents from appeals court decision to reverse lower court ruling in West Nile death

By Karen Kidd | Mar 28, 2018

An appeals court judge partially dissented in a recent decision to partially reverse a lower court ruling in the case of a Texas woman whose husband died following complications from West Nile virus in 2013.

Judge declines class status for case over Denka chloroprene plant

By Angela Underwood | Mar 23, 2018

U.S. District Judge Martin Feldman has ruled there will be no time extension for a plaintiff to turn his suit into a class action in a case over claims that a plant released high levels of chloroprene into the air.

Court tosses galley hand's suit against Hercules Offshore

By Tomas Kassahun | Mar 17, 2018

NEW ORLEANS — The United States Court of Appeals for the Fifth Circuit has dismissed a lawsuit against Hercules Offshore Services LLC brought by a former galley hand on an oil rig.

Bankruptcy court must reconsider trustee fees in JFK Capital case, federal appeals court says

By Karen Kidd | Feb 19, 2018

The U.S. Bankruptcy Court in Louisiana's Eastern District will have to reconsider trustee fees it decided to reduce in the bankruptcy of a Metairie man convicted of wire fraud, according to a revised a federal appeals court ruling earlier this month.

Major Louisiana associations nominate 5th Circuit judges

By Angela Underwood | Dec 3, 2017

Kyle S. Duncan and Judge Kurt D. Engelhardt belong in the Fifth Circuit Court of Appeals, according to three major Louisiana associations.

Association: Flood authority's case could harm oil companies despite Supreme Court denial to hear appeal

By Karen Kidd | Nov 10, 2017

Southeast Louisiana Flood Protection Authority-East's failed lawsuit against oil companies could harm the industry's ability to do business in Louisiana, a trade association official said.

Royal Caribbean not eligible to join Deepwater Horizon oil-spill class action, court rules

By John Sammon | Oct 26, 2017

Royal Caribbean Cruise Line was denied the right to join a class-action settlement against BP Exploration & Production and BP America Production Co. and BP PLC for an oil spill that began on April 20, 2010, and polluted the Gulf of Mexico.

Appeals panel remands case involving robbery Dollar Tree parking lot

By Dee Thompson | Oct 15, 2017

A woman who sued Dollar Tree after claiming she was mugged in its parking lot in 2014 will see her case remanded after a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit vacated the lower court's ruling.

U.S. Court of Appeals for the 5th Circuit upholds ruling linked to Deepwater Horizon settlement

By David Hutton | Oct 11, 2017

The U.S. Court of Appeals for the 5th Circuit has upheld a lower court ruling regarding the impact financial reforms under the Dodd-Frank Act had on the real estate appraisal industry.

Appeals court rejects Livingston Parish man's constitutional claims in case involving online comments

By John Severance | Oct 1, 2017

An appeals court panel has upheld a district court's dismissal of a Livingston Parish man’s claim that his First and Fourth Amendment rights were violated.

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