businesses have rightly sought legal guidance on how to ensure that their diversity initiatives do not run afoul of their obligations under civil rights law. Two recent Fifth Circuit cases demonstrate that judges are receptive to, and litigants may therefore be inclined to bring, challenges to vari...
Courtfor the Western District of Louisiana___Before KING, Chief Judge, and BARKSDALE and PICKERING, CircuitJudges.KING, Chief Judge:In this case we are called upon to consider the impact onthe federal Sentencing Guidelines of the Supreme Court’s recentopinion in Blakely v. Washington, 124 S....
In a 52-pagedecisiondripping with sarcasm, 10 judges of the Fifth Circuit Court of Appeals found the FDA acted “arbitrarily and capriciously” when it rejected Triton’s premarket tobacco product applications (PMTAs). “Over several years, the Food and Drug Administration sent manufacturers of f...
Judges of the U.S. Court of Appeals for the Fifth Circuit (New Orleans) rehearing en bane oral argument in a challenge to the Universal Service Fund's contribution mechanism on Sept. 19 asked attorneys about the extent of relief sought, record evidence on whether the Universal Service ...
which is currently being litigated in the Eighth Circuit, and could be viewed as persuasive precedent by those judges. It also may cause the FDIC, which had placed a diversity requirement in itsproposed corporate governance guidelines, to reconsider whether that language should remain in the guidel...
Triton and Vapetasia can now request anen bancrehearing of their petitions—meaning a review of the case by all active judges on the Fifth Circuit. Most circuit court appeals are decided by a three-judge panel, but in some special circumstances, a majority of the active judges will vote to...
What Circuit Court of Appeals is Nevada in? What is the 5th Amendment right to a grand jury? What are appellate courts? What type of jurisdiction does the Court of Appeals have? How many U.S. Court of Appeals are there? How many judges in the Ninth Circuit Court of Appeals?
CircuitJudges,andNOWLIN, * DistrictJudge. EMILIOM.GARZA,CircuitJudge: Appellant,R.L.Bryant,wasconvictedofarmedrobberyand sentencedtolifeimprisonmentbythestatedistrictcourtinPalo PintoCounty,Texas.Afterexhaustingstatecourtremedies,Bryant petitionedforfederalhabeascorpusrelief,pursuantto28U.S.C. §2254(1988),...
Fifth Circuit Tackles A Unique Louisiana Statute (the St. Julien Doctrine) And Asks District Court to Distinguish Between Civil and Natural "Fruits" To Res... earinghease was panelomprisedfircuit Judges Jennifer Elrodndtephenigginsonnd District Judgeartinez.FosterNaturalGasReportgroupNSTL Foster,Natu...
The Fifth Circuit Court made three fundamental scientific errors regarding the vaccination mandate, any one of which should vacate its decision. Ignored: the non-fatal health consequences of Covid-19 The Fifth Circuit judges misleadingly characterized Covid-19 as “non-life-threatening to a va...