U.S. Court of Appeals for the Fifth Circuit
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No evidence oil drillers caused oyster deaths, Fifth Circuit finds
NEW ORLEANS - The ancient doctrine of res ipsa loquitur (“the thing speaks for itself”) couldn’t rescue a lawsuit by Louisiana oyster farmers who blamed oil and gas drilling activities for a sudden die-off of their crops. -
Troubled plaintiffs firm wins chance to keep hurricane-damage fees despite FBI probe
NEW ORLEANS (Legal Newsline) - A federal judge didn't fully explain why he was taking attorneys fees from hurricane-damage lawyers facing an FBI criminal investigation over how they handled claims. -
Fifth Circuit says sales tax battle between Baton Rouge and casino-hotel owners must be fought in state court
NEW ORLEANS – A federal appeals court has decreed that owners of two casinos with attached hotels in Louisiana have to square off with the City of Baton Rouge over sales taxes on complimentary hotel rooms in their establishments in state court, as opposed to federal court. -
Fifth Circuit finds attorney-client privilege extended to LSU sexual misconduct investigation records
NEW ORLEANS – A trio of federal appellate judges has ruled that Louisiana State University did not break the law when it kept records related to a sexual misconduct investigation against its former football coach, Les Miles, off-campus, finding that the documents were covered by attorney-client privilege. -
Lawyer in hot water over insurance claims deserved a hearing, Fifth Circuit rules
NEW ORLEANS (Legal Newsline) - A lawyer who worked at a Houston law firm that has run afoul of the law will get a second chance to show he shouldn't have been suspended for nine months. -
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.