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

Appeals court backs decision sending defamation suit against People Magazine to state court

By Erianne Leatherman | Sep 10, 2018

NEW ORLEANS – The U.S. Court of Appeals for the 5th Circuit recently dismissed an appeal to overturn a district court decision regarding a defamation lawsuit filed against People Magazine in the publication of an article about an unsolved 1985 murder.

Appeals court dismisses case centering on $60 million marine accident

By Chandra Lye | Sep 4, 2018

NEW ORLEANS -- The U.S. Court of Appeals Fifth Circuit has dismissed an appeal involving a $60 million marine accident.

Court rules political organization's logo violates Alliance for Good Government's trademark

By Charmaine Little | Aug 30, 2018

On Aug. 22, The United States Court of Appeals for the 5th Circuit settled a dispute between two political organizations that argued over trademark of similar logos.

Appeals court reverses summary judgment denial, backs mental patient's doctors at state facility

By Mary Ann Magnell | Aug 28, 2018

BATON ROUGE — A federal appeals court reversed a denial of summary judgment Aug. 16 in a case involving a patient at Eastern Louisiana Mental Health System (ELMHS) and rendered judgment in favor of the patient’s doctors.

Court reporting services claim advances against Louisiana Board of Examiners

By Takesha Thomas | Aug 27, 2018

NEW ORLEANS -- The U.S. Court of Appeals for the Fifth Circuit has upheld part of a claim filed against the Louisiana Board of Examiners of Certified Court Reporters.

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.

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