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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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. -
LADB recommends suspension for formerly married attorneys
NEW ORLEANS — The indefinite suspensions of a once-married New Iberia legal team could become more definite following a recommendation issued Feb. 22 by a Louisiana Attorney Disciplinary Board (LADB) hearing committee. -
Appeals court backs dismissal of former St. John the Baptist Parish deputy's race discrimination case
NEW ORLEANS – The U.S. Court of Appeals for the Fifth Circuit recently upheld a decision by the U.S. District Court for the Eastern District of Louisiana to dismiss a race discrimination and retaliation lawsuit filed by a former deputy in St. John the Baptist Parish against the parish's sheriff. -
$2.5 million award against BP vacated amid continuing litigation fallout
In what was said to be because of a calculation err from a lower court, the U.S. Court of Appeals for the Fifth Circuit vacated and remanded a $2.56 million settlement on November 9 for a company in an ongoing legal battle with BP. -
Appeals court vacates injunction on enforcing law setting minimum age for exotic dancers
NEW ORLEANS – The 5th U.S. Circuit Court of Appeals recently vacated an injunction that barred the state from enforcing a law prohibiting exotic dancers younger than 21 from performing naked in venues that serve alcohol. -
Federal appeals court affirms most of ruling in Delta Charter School discrimination case
NEW ORLEANS — A federal appeals court has affirmed almost all of a district court's remedies to get Delta Charter School to accept more African-American students and stop violating a consent decree with Concordia Parish School District. -
Appeals court backs decision sending defamation suit against People Magazine to state court
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
NEW ORLEANS -- The U.S. Court of Appeals Fifth Circuit has dismissed an appeal involving a $60 million marine accident.