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Fifth Circuit Court of Appeals News

News on Fifth Circuit Court of Appeals continually updated from thousands of sources around the net.

Yesterday |

Mishandling of immigrant children will stir wave of lawsuits

The U.S. Government's very slow processing of the cases of tens of thousands of immigrant children at the U.S./Mexico border crossings is likely to end up in a wave of lawsuits that could tie up the courts for a very long time.


Related Topix: Immigration Reform, ACLU, US News

Yesterday | JD Supra

Inferring Trade Secret 'Use' Based on the Potential for Harm

Addressing the question of what constitutes "use" of a trade secret absent direct evidence, the U.S. Court of Appeals for the Fifth Circuit upheld the jury's finding of trade-secret misappropriation based in part on inferences of use based on potential harm to the trade-secret owner.


Related Topix: US News

Yesterday | Houston Chronicle

Don't mess with Texas' big cranes

Whooping cranes are five-feet tall with a seven to eight-foot wingspan. Roughly 600 whooping cranes winter at the Aransas National Wildlife Refuge near Rockport Texas.


Related Topix: Texas, Rockport, TX, Environment, Science, US News, Opinion

Fri Jul 11, 2014

Lancaster Eagle-Gazette

Court denies ex-fire chief's appeal

Former Pleasant Township Fire Chief Jeff Mathias will not return to his position.


Related Topix: US News

ABC News

US Appeals Granting of New Trial to Ex-BP Engineer

Federal prosecutors are appealing a judge's decision to grant a new trial to a former BP engineer convicted of obstructing justice in an investigation of the 2010 Gulf of Mexico oil spill.


Related Topix: Oil Spill, US News

The Columbus Dispatch

Licking County fire chief who won appeal for job is fired again

After an administrative hearing that included nearly 18 hours of testimony over two nights - both lasting until nearly 3 a.m. - the board found David Fulmer guilty of five violations of district policy.


Related Topix: Licking County, OH, US News

Courthouse News Service

Tribe Loses Appeal Over Drilling of Its Texas Land

A Native American tribe cannot sue the U.S. government for allowing oil and gas drilling on its aboriginal lands in several east Texas national preserves and forests, the 5th Circuit ruled.


Related Topix: Texas, US News, Big Thicket National Preserve, US National Parks, US Supreme Court

Thu Jul 10, 2014

JD Supra

The Reach of Sackett is Not Infinite: Regulated Facilities May Not Challenge EPA Notices of Violation

After the Supreme Court held in Sackett v. EPA that EPA must provide hearings to those to whom it issues unilateral administrative orders, the regulated community immediately began to wonder how broadly the ruling would sweep .


Related Topix: Environmental Law, Law, U.S. Environmental Protection Agency, US News

KTEN-TV Denison

Federal appeals court rejects Texas tribe's claim

A federal appeals court has rejected a claim by the Alabama-Coushatta Tribe of Texas that the federal government failed to protect the tribe's land from drilling and timber harvesting.


Related Topix: Texas, US News

Environmental Law Prof Blog

Whooping Cranes and the Fifth Circuit

In April, 2013, I wrote a post about The Aransas Project v. Shaw , a case involving water management agencies, whooping cranes, and the Endangered Species Act.


Related Topix: US News, Weather, Natural Disasters, Drought, 9

The Washington Post

Missing the point on Hobby Lobby a " rejoinder to David Post

David Post has responded to my critique of his post on the Supreme Court's decision in the the Hobby Lobby case.


Related Topix: University of Pennsylvania, World News, Germany, Argentina, US News, Amherst College, Sports

The Daily Record

Holmes judge lacked jurisdiction to order well plugged

A Holmes County judge did not have jurisdiction when, in November, he ordered an oil and gas well plugged.


Related Topix: US News

Wed Jul 09, 2014

Court denies appeal from Miss. bail bond company

The ruling came last week from a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans.


Related Topix: US News

Tue Jul 08, 2014

The Advocate

Fire boat response crews battle the blazing remnants of the off shore ...

Prosecutors tried Tuesday to persuade a federal appeals court to reinstate some of the manslaughter charges against two BP employees in a case arising from the deaths of 11 workers in the 2010 Deepwater Horizon rig explosion in the Gulf of Mexico.


Related Topix: Boat Disaster, US News

News Journal

Appellate win unlikely to reduce sentence

A victory in the Fifth District Court of Appeals probably won't reduce Shane Brown's prison sentence.


Related Topix: US News, Prison, Shelby, OH

The Miami Herald

Court examines charges in 2010 BP disaster deaths

A federal appeals court is set to decide whether to reinstate some of the charges against two BP employees in a manslaughter case arising from the death of 11 workers in the 2010 Deepwater Horizon rig explosion in the Gulf of Mexico.


Related Topix: Explosion, US News

Off the Kuff

Charles Sebesta may finally have to face responsibility for his actions against Anthony Graves

It's been eight years since the Fifth Circuit Court of Appeals found that the DA who prosecuted Anthony Graves for capital murder had done something unconscionable : withheld favorable evidence and used false testimony to secure a conviction-a conviction that sent Graves to death row.


Related Topix: US News, Prison, Criminal Defense Law, Law

Mon Jul 07, 2014

Texas water plans must consider endangered species

The 5th Circuit Court of Appeals ruled recently that Texas did not violate the Endangered Species Act, or ESA, through the operation of its surface water permitting program.


Related Topix: Environment, Science, Environmental Law, Law, US News, Weather, Natural Disasters, Drought, Opinion

JD Supra

You Got To Show It If You Don't Want To Blow It

The filing of a bankruptcy petition creates a bankruptcy estate that includes "all legal or equitable interests of the debtor in property as of the commencement of the case."


Related Topix: Economics News, Bankruptcy, US News

Sun Jul 06, 2014

The Washington Post

Border Patrol agents under fire for excessive force

Joe Davidson writes the Federal Diary, a column about the federal workplace that celebrated its 80th birthday in November 2012.


Related Topix: US News, ACLU, Illegal Immigration, US Politics