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Topic: Fifth Circuit Court of Appeals

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  United States Court of Appeals for the Fifth Circuit - Wikipedia, the free encyclopedia
The court is composed of seventeen active judges and is based at the John Minor Wisdom U.S. Courthouse in New Orleans, Louisiana.
This court was created by the Evarts Act on June 16, 1891, which moved the circuit judges and appellate jurisdiction from the Circuit Courts of the Fifth Circuit to this court.
^ Pardee was appointed as a circuit judge for the Fifth Circuit in 1881 by James A. Garfield.
en.wikipedia.org /wiki/Fifth_Circuit   (1131 words)

 Texas Litigation Timeline - ABA
The Plaintiffs appealed the District Court's decision to the U.S. Court of Appeals for the Fifth Circuit.
The Fifth Circuit Court of Appeals remanded the case to the U.S. District Court of the Western District of Texas, Austin Division.
A three-judge panel of the Fifth Circuit Court of Appeals held that the Texas IOLTA program violates the Fifth Amendment and reversed and remanded the case to the district court for the entry of prospective declaratory and injunctive relief.
www.abanet.org /legalservices/iolta/iolttex.html   (1432 words)

 Original Brief, U.S. Court of Appeals, Fifth Circuit, Case No. 00-30704
On appeal, the Fifth Circuit affirmed the decision of the District Court.
In addition to appealing the merits of his lawsuit which was dismissed by the district court judge, Bernofsky is appealing the denial by the district court judge of Bernofsky's motion to recuse.
The court of appeals will reverse the district court's ruling only if it determines that the pleadings, affidavits, and other evidence establish that there is a genuine issue of material fact and that Tulane is not entitled to judgment as a matter of law.
www.tulanelink.com /legal/appeal_00a.htm   (11439 words)

 Federal Judiciary News Release
The Fifth Circuit, the second largest in size of the twelve regional federal courts of appeals, docketed 9646 appeals in the court year ended June 30, 2005.
The court's headquarters are in the John Minor Wisdom Court of Appeals Building in New Orleans, which sustained only modest damage from the devastating strike of Hurricane Katrina on August 29, 2005.
The federal courts' presence in New Orleans actually predates the Act of 1891 which established the U.S. Circuit Courts of Appeals in the country's modern three-tiered federal court structure.
www.uscourts.gov /Press_Releases/fifthcircuit111805.html   (516 words)

 Court TV Legal Documents: Court Okays Same-Sex Harassment Suits
On appeal, a panel of the Fifth Circuit concluded that Garcia was binding Circuit precedent, and affirmed.
Courts and juries have found the inference of discrimination easy to draw in most male-female sexual harassment situations, because the challenged conduct typically involves explicit or implicit proposals of sexual activity; it is reasonable to assume those proposals would not have been made to someone of the same sex.
Because we conclude that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII, the judgment of the Court of Appeals for the Fifth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
www.courttv.com /legaldocs/supreme/samesexharass.html   (1992 words)

 Fifth Circuit Court of Appeals Hears Oral Arguments at UT Law, Nov. 7–10
At present, the Fifth Circuit is scheduled to sit in the Eidman Courtroom on Mon., Nov. 7, and Tues., Nov. 8, from 9 a.m.
The bankruptcy court barred Vicki's claim on res judicata grounds, and on appeal, the district court used the equitable doctrine of unclean hands to deny Vicki's claim.
State Farm claims (1) it met its burden of proof to succeed on its arson defense; (2) the district court should have switched the burden of proof to Wilson; and (3) the policy was void for fraud.
www.utexas.edu /law/news/2005/110605_fifthcircuit.html   (1629 words)

 Reply Brief, U.S. Court of Appeals, Fifth Circuit, Case No. 00-30704
Although the Fifth Circuit stated that a §455(a) claim must not be guided by comparison to similar situations addressed by prior jurisprudence, Tulane offers the case of Carter v.
The district court went on to state that the adverse employment action is the failure of the prospective employer to hire Bernofsky.
The point is that the district court concluded that the negative reference letter is not an adverse employment action because it went on to the issue of whether or not the negative reference letter was a determinative factor in not getting hired.
www.tulanelink.com /legal/reply_00a.htm   (4577 words)

 Insurance, April 11, 2000 from Holland & Knight LLP
On appeal, the Court of Appeals concluded that the federal district court was incorrect in applying the manifestation period trigger to the facts of the case before it.
The Court of Appeals also noted that it had previously applied the exposure theory triggerage when determining, under Louisiana law, that a Louisiana State Court would apply the exposure theory in a case involving asbestos litigation against the manufacturer of an asbestos-containing product.
The Court of Appeals thereupon remanded the action to the federal district court to examine the underlying pleadings to determine whether the complaints alleged any exposure to Azrock's asbestos products between July 1, 1985 and June 30, 1986.
www.hklaw.com /Publications/Newsletters.asp?ID=117&Article=580   (777 words)

 Fifth Circuit Court of Appeals News - Page 2
The Fifth Circuit has published an opinion upholding the trial court's admission of testimony from a prosecution expert on rape-victim behavior, in a case arising from a police officer's aggravated sexual...
A federal appeals court has agreed to hear Harris County's appeal of a lower court's decision ordering the county to remove a Bible near the entrance of a courthouse.
Oktibbeha County officials have asked a federal appeals court to overturn a ruling that they are not immune from being sued over the alleged wrongful arrest of a Starkville school teacher.
www.topix.net /us/federal-court-5th/page2   (1123 words)

 Court of Appeals Upholds Random Drug Testing of School District Custodians While Rejecting Drug Testing of All School ...
While the Fifth Circuit rulings are binding only in the states of Louisiana, Mississippi, and Texas, the rulings are considered persuasive authority for other Courts of Appeals, such as the Seventh Circuit, which encompasses Illinois.
The Fifth Circuit upheld the random drug testing of custodians of one district but rejected the other district's policy that required all employees to submit to a drug test when injured in the course of employment.
The Court squared this decision with its earlier decision in United Teachers, by stating that the Lafayette School Board "demonstrated that it was motivated by a special incentive to protect our most important resource--children" and that the Orleans and Jefferson Parish School Boards "relied solely upon [a] general interest" in drug-free schools.
library.findlaw.com /1999/Sep/1/129211.html   (1472 words)

 Fifth Circuit Court of Appeals News
Fifth Circuit Court of Appeals News continually updated from thousands of sources around the net.
The Fifth Circuit Court of Appeals has upheld a lower court's ruling that an employee's collection of workers' compensation benefits precludes him from bringing tort action against his coworker regarding...
A federal appeals court has rejected arguments from a Corinth man that authorities used unreliable information to justify a search of his home for child pornography.
www.topix.net /us/federal-court-5th   (845 words)

 TBIFOC: Fifth Circuit Court of Appeals
Laurence, the Fifth Circuit is based in New Orleans, but few, if any, of the judges live there and most have offices and courtrooms in their home cities (at least a couple of Fifth Circuit judges have offices in Houston).
All of the briefing and court decisions are digitized now, so the judges and their clerks can review and decide cases anywhere.
Court administration will certainly be disrupted to an extent, but the Court can hold oral arguments in Houston without missing a beat.
isfullofcrap.com /oldcrap/2005/08/fifth_circuit_c.html   (255 words)

 [No title]
The Court began with the "assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress."
The Court was persuaded that the tax was not the type of state law that Congress intended ERISA to preempt.
As the district court noted, it appears that the legislature was concerned both with the quality of care and with denials of care.
www.texmed.org /Template.aspx?id=3582   (4843 words)

 Houston's Clear Thinkers: Fifth Circuit emergency operations
The Court has not yet determined when it will resume regular operations, so filing deadlines have been extended and appellate attorneys are instructed not to send any filings to the New Orleans courthouse.
Further instructions regarding emergency Court matters can be found here for the time being, and then at the Fifth Circuit's website when it is back up and running, which is expected soon.
The Fifth Circuit has had in place contingency plans for a Katrina-type disaster for some time, so the Court is currently proceeding according to that plan.
blog.kir.com /archives/002354.asp   (462 words)

 Story: Appeals Courts Reverses in SBC v. FCC, 9/4/98.
Fifth Circuit Court of Appeals Reverses Judge Kendall's Decision in SBC v.
The majority opinion of the Appeals Court held that §§ 271-275 are not a Bill of Attainder, because they are not punitive.
The appeal was decided by a three judge panel of the U.S. Court of Appeals for the 5th Circuit, located in New Orleans.
www.techlawjournal.com /telecom/80905.htm   (915 words)

 US Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit has posted the 2007 Court Session Calendar for the arguments to be held in Cincinnati, Ohio.
The United States Court of Appeals for the Sixth Circuit, Staff Attorney's Office, is currently resruiting for a Staff Attorney position.
The United States Court of Appeals for the Sixth Circuit is seeking applications for a CJA Case Budgeting Attorney.
www.ca6.uscourts.gov   (542 words)

 ARCHIVE| 5/19/00 Fifth Circuit Court of Appeals to Hear Arguments in Louisiana Abortion Liability Law
On September 17, 1999, in a 2-1 vote, the Fifth Circuit determined the law was unconstitutionally vague and imposed an undue burden on a woman's right to obtain an abortion.
On January 6, 2000, the court vacated that decision and decided to hear the case en banc.
In its earlier decision, the Fifth Circuit determined that under the law, liability attaches to any abortion, regardless of whether the physician harmed the woman or violated standards of care in providing that medical service.
www.crlp.org /pr_00_0519la5circ.html   (387 words)

 Eleventh Circuit Court of Appeals - Section 508 Accessibility Page - Text Only
The U.S. Court of Appeals, the first and ultimate tenant of the building, had been created twenty years earlier by an 1891 act of Congress to relieve the Supreme Court of much of its growing appellate duties and to remedy deficiencies in the cumbersome Circuit Court System, which was finally abolished in 1911.
As circuit judge, Pardee was automatically a judge of the Court of Appeals, which was supposed to hear cases in three-judge panels composed of the circuit judge, the Supreme Court justice assigned to each circuit, and a district court judge.
An appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4.
www.ca11.uscourts.gov /text/main.php   (9489 words)

 Law.com - Katrina Shutters 5th Circuit Courthouse
On Saturday, the court cancelled its oral argument schedule for the coming week and staff was told to leave the city for their own safety, King says.
For now, King says her office in Houston is serving as the court's unofficial clerk's office, handling emergency matters, such as death penalty stays.
Should the court remain closed for an extended period of time, the 5th Circuit judges have the authority to hold arguments in cities outside of New Orleans, Schenck says.
www.law.com /jsp/article.jsp?id=1125479114008   (749 words)

 UT Law Capital Punishment Clinic Wins Relief from Fifth Circuit Court of Appeals in Capital Case
The Fifth Circuit ruled that Robert Tennard's death sentence could not stand because of the failure of the sentencing instructions to permit consideration of his 67 I.Q. The Clinic had previously taken Tennard's case to the U.S. Supreme Court when the Fifth Circuit had ruled that Tennard's claim did not merit an appeal.
The Supreme Court reversed the denial of the appeal, and Wednesday's decision was a ruling on the merits of that appeal.
The Texas Court of Criminal Appeals denied relief to Laroyce Smith, holding that the U.S. Supreme Court's decision finding error in his case did not warrant relief because Smith had not shown sufficient harm resulting from the error.
www.utexas.edu /law/news/2006/030306_capitalpunishment.html   (437 words)

 US Circuit Court of Appeals Online Gambling Ruling
In a thorough and careful opinion, the court determined that the Plaintiffs not only could not satisfy the necessary prerequisites to a RICO claim but also could not establish their standing to bring such a claim.
The district court next articulated several reasons why the Plaintiffs may not rely on federal mail or wire fraud as predicates.[22] Of these reasons, two are particularly compelling.
Finally, we reiterate the district court’s statement that “RICO, no matter how liberally construed, is not intended to provide a remedy to this class of plaintiff.”[31] Thompson and Bradley simply are not victims under the facts of these cases.
www.playwinningpoker.com /online/poker/legal/appeals.html   (1780 words)

 JURIST - Paper Chase: Fifth Circuit appeals court moving to Houston after Katrina
Bernard Hibbitts at 10:26 AM ET [JURIST] The US Fifth Circuit Court of Appeals [official website], serving Louisiana, Texas and Mississippi from the John Minor Wisdom Courthouse [US GSA historic federal buildings register] in New Orleans, is moving to temporary quarters in Houston, according to Chief Judge Carolyn King.
Court operations will resume September 14, and King said it would be back to "full speed" in a month.
The court was forced to cease operations after flooding in New Orleans made its downtown courthouse inaccessible.
jurist.law.pitt.edu /paperchase/2005/09/fifth-circuit-appeals-court-moving-to.php   (338 words)

 Crosswalk.com - Federal Court Holds Social Worker Bound by Fourth Amendment
In an important victory for parents, the Fifth Circuit Court of Appeals in Texas has ruled that social workers are constrained by the Fourth Amendment when conducting abuse or neglect investigations.
On July 17, 2002, the Fifth Circuit Court of Appeals rejected the social worker's claim that their investigations are not bound by the Fourth Amendment.
The court reasoned that she was not on notice that her actions violated the constitution because the law on the day of the search was not clearly established.
www.crosswalk.com /family/home_school/1164609.html   (588 words)

 Charles Pickering Should Not Be Confirmed to the U.S. Fifth Circuit Court of Appeals   (Site not responding. Last check: 2007-11-07)
The Fifth Circuit Court of Appeals consists of three of the most conservative states in the country?Mississippi, Texas, and Louisiana.
The Fifth Circuit is regarded as one of the most conservative circuits in the country, and Pickering would bring the circuit further to the right.
President Bush's nomination of Charles Pickering for the Fifth Circuit Court of Appeals, and of extremist judicial candidates in general, could alter the current moderate balance of the courts and tip the scales of justice even further away from the protection of individual and civil rights.
www.aauw.org /about/newsroom/press_releases/pickering.cfm   (748 words)

 AEGiS-PRn: Fifth Circuit Court of Appeals Vindicates Jackson National Life Insurance Company In Deramus Case
LANSING, Mich., Aug. 12 /PRNewswire/ -- Jackson National Life is pleased to report that the U.S. Court of Appeals for the Fifth Circuit has issued a ruling vindicating Jackson National's position in the suit filed by Jody Deramus.
We are pleased that the Federal District Court, and now the Fifth Circuit Court of Appeals, have agreed that Jackson National has no liability as a matter of law.
We are delighted that the Fifth Circuit Court of Appeals has reaffirmed the lower court's decision and supported JNL's position in the suit.
www.aegis.com /news/pr/1996/PR960814.html   (550 words)

 Wired News: Court Rejects Bells' Appeal
Overturning an earlier verdict by a lower court, a federal appeals court on Friday rejected a request by three Baby Bells to be allowed to offer long-distance services in their home territories.
The Fifth Circuit Court of Appeals in New Orleans struck down a December ruling that said parts of the 1996 Telecommunications Act were unconstitutional.
The appeals court ruled that rather than being punitive provisions, the restrictions on Bells offering long-distance service were part of a quid pro quo arrangement.
www.wired.com /news/business/0,1367,14885,00.html   (601 words)

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