U.S. Court of Appeals for the Fifth Circuit
Recent News About U.S. Court of Appeals for the Fifth Circuit
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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. -
Appeals court upholds ruling that fees are reimbursable in lawsuit over no-money-down bankruptcy filings
NEW ORLEANS – A bankruptcy court made the right decision when it said that “no-look fees” were not reimbursable, the U.S. Court of Appeals for the 5th Circuit determined on May 13. -
Court denies calls for partial disbursement of attorneys’ fees in Chinese drywall case
NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana recently denied multiple parties’ motions seeking attorneys’ fees and other miscellaneous fees regarding Chinese drywall product liability in lawsuits claiming defective drywall was used to renovate homes damaged by Hurricanes Rita and Katrina. -
Appeals court orders McDonnel Group back to arbitration in dispute with insurer
The U.S. Court of Appeals for the Fifth Circuit affirmed that an arbitration amendment is irrelevant, ordering a company suing its insurance provider to take the arbitration route on May 13. -
Investigator who drew gun during civil action raid on physician's office has qualified immunity, court rules
NEW ORLEANS – An investigator who allegedly broke down the doors of a medical clinic during a search is protected under qualified immunity in a case filed by a doctor citing unlawful detention, the U.S. Court of Appeals for the 5th Circuit ruled. -
Judge dismisses excessive force suit against Houma City marshals
NEW ORLEANS — A federal judge has dismissed the Houma City Marshal’s Office from a lawsuit involving courthouse confrontations and allegations of excessive force. -
Appeals court vacates summary judgment, sending Waste Management's case against rivals accused of bribing Nagin to trial
On April 10, the U.S. Court of Appeals for the Fifth Circuit sided against a company accused of bribing a former New Orleans mayor to close a landfill and reversed a previous summary judgment ruling in its favor. -
5th Circuit agrees nursery creditors do not have seniority among liens on bankrupt farm
NEW ORLEANS – Two nurseries lost their appeal in an agricultural lien contest after the U.S. Court of Appeals for the 5th Circuit affirmed a district court’s ruling on April 10. -
BP is denied discretionary review in appeal of Deepwater Horizon settlement
NEW ORLEANS – In one of the remaining ongoing litigations from the 2010 Deepwater Horizon oil spill, the U.S. Court of Appeals for the 5th Circuit affirmed a ruling concerning costs in a settlement agreement that BP appealed. -
Appeals court affirms ruling that health care lawyer is not entitled to disability benefits because of migraines
NEW ORLEANS – The U.S. Court of Appeals for the 5th Circuit recently affirmed a decision by the U.S. District Court for the Eastern District of Louisiana that determined a New Orleans health care lawyer was not owed disability benefits from her employer after suffering migraines. -
Appeals court partially reverses ruling in Camellia Grill sale
NEW ORLEANS — The United States Court of Appeals for the Fifth Circuit partially reversed a ruling involving the sale of a restaurant and its license-associated intellectual property. -
Appeals court backs ruling sending machinist's asbestos exposure suit back to state court
NEW ORLEANS – The U.S. Court of Appeals for the 5th Circuit recently affirmed a U.S. District Court for the Eastern District of Louisiana’s decision to remand a case in which a man was exposed to asbestos and contracted mesothelioma back to state court. -
Appeals court affirms $15 million award for nonprofit claimant in Deepwater Horizon spill aftermath
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit recently affirmed a nearly $15 million award to a nonprofit organization in its claim against BP in the aftermath of the Deepwater Horizon oil spill.