On June 5, 2024, the U.S. Fifth Circuit Court of Appeals (Fifth Circuit) issued an opinion that vacated the U.S. Securities and Exchange Commission (SEC) Private Fund Adviser Rules (the Rule), holding that the SEC exceeded its statutory authority in adopting the R...
Court of Appeals for the Fifth Circuit. The copyright law ultimately serves the purposes of enriching the general public through access to creative works, so it is peculiarly important that the boundaries of copyright law be demarcated as clearly as possible. To that end, defendants who seek to...
The US Court of Appeals for the Fifth Circuit, in dismissing a trademark infringement matter under Rule 12(b)(6) for failure to state a claim, ruled that a district court “erroneously assumed the veracity” of the defendants’ assertions over the “well-pleaded factual allegations” in t...
Free Database of 2024 U.S. Court of Appeals for the Fifth Circuit Case Law, Court Opinions & Decisions from Justia
12/23/2024 UPDATE: On December 23, 2024, the Fifth Circuit of Appeals lifted a preliminary nationwide injunction against enforcement of the Corporate Transparency Act issued by the US District Court of the Eastern District of Texas. The result is that compliance with the CTA is immediately...
On January 8, 2024, the Fifth Circuit Court of Appeals reversed a $6.5 million jury verdict, holding that the U.S. Commodity Futures Trading Commission (CFTC) failed to provide fair notice of its interpretation of a decades-old rule preventing commodities traders from...
On December 23, 2024, the Fifth Circuit of the United States Court of Appeals (the “Fifth Circuit”) issued an order that has the effect of reinstituting the deadlines under the Corporate Transparency Act (the (“CTA”). On Dec
Two judges on the Fifth Circuit Court of Appeals "chose to misinterpret the facts and the law in denying the government's request for a stay" on the temporary hold placed on the president's immigration executive action, White House Spokeswoman Brandi Hoffine said in a statement. ...
On December 11, 2024, the US Court of Appeals for the Fifth Circuit ruled that the Securities and Exchange Commission (SEC) lacked statutory authority to approve Nasdaq’s board diversity rules. Subject to certain exceptions, the diversity rules required, among other things, that Nasdaq-listed co...
Fifth Circuit affirmed Tax Court’s denial of accountable care organization’s tax-exempt status because it is not operated exclusively for the promotion of social welfare.