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 US 5th Circuit Court of Appeals

The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts:


Eastern District of Louisiana
Middle District of Louisiana
Western District of Louisiana
Northern District of Mississippi
Southern District of Mississippi
Eastern District of Texas
Northern District of Texas
Southern District of Texas
Western District of Texas



The court is one of 13 United States courts of appeals. Composed of 17 active judges, it is based at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans.

seal of the United States Court of Appeals for the Fifth Circuit
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updated Fri. March 1, 2019

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The Senate must confirm honest and fair-minded nominees to serve in the federal judiciary, not people like Vitter and Duncan.” ... unable to put aside his personal politics and ideologically-fueled activism, which makes him categorically unfit to serve as a federal judge on the Fifth Circuit Court of Appeals.
A recent ruling allows health care providers to seek relief from federal courts if the delay caused by the Medicare appeals backlog is likely to cause the provider irreparable injury. In late March, the Fifth Circuit Court of Appeals reversed long-standing precedent1 and ruled that a federal district court had ...

On March 15, 2018, the Fifth Circuit Court of Appeals in Chamber of Commerce of the U.S. v. U.S. Dep't. of ... The DOL's 1975 approach was generally consistent with the framework in federal and state securities laws. The Investment Advisers Act of 1940, a line of federal cases following SEC v. Capital ...
The lawsuit says there were permit problems and the executive director of the Mississippi Department of Environmental Quality violated the Clean Air Act. A federal judge dismissed the lawsuit in December of 2015. On Monday, the fifth circuit court of appeals reinstated the lawsuit but only against the MDEQ ...
As a longtime aide to Greg Abbott, Andrew Oldham has helped Texas fight the federal government. If he's confirmed to the federal bench, he could rule on the same ... Andrew Oldham was nominated to serve on the U.S. 5th Circuit Court of Appeals in February 2018. The Texas Tribune thanks its sponsors.
The lawsuit got off to a bad start; a federal district court tossed it out on a Wednesday the next August. But on the following Monday, Abbott turned to a top aide — Andrew Oldham — to revive it. Oldham appealed, and in 2016, the U.S. 5th Circuit Court of Appeals reversed the lower court's decision.

The National Association for Fixed Annuities and the DOL on March 23 dropped a challenge that was pending in an appeals court in Washington, after the industry group agreed with the decision by the U.S. Court of Appeals for the Fifth Circuit vacating the fiduciary rule. Why would the DOL agree to drop ...
The U.S. Supreme Court ruled in favor of a Texas death row inmate Wednesday, ordering a federal appellate court to reconsider providing funding for ... to the U.S. 5th Circuit Court of Appeals, which had denied requests for federal funding to look into Ayestas' claims of mental illness and substance abuse.
After several failed attempts to derail the Fiduciary Rule through litigation, on Thursday March 15, opponents of the Fiduciary Rule succeeded in a 2-1 vote by the Fifth Circuit Court of Appeals. The court's decision essentially wipes the Fiduciary Rule off the books entirely. This decision will take effect on May ...
How bad will the fallout be from the Fifth Circuit Court of Appeals decision to vacate the U.S. Department of Labor's fiduciary rule? That will depend greatly on what the DOL does next. The agency can ask the Fifth Circuit to rehear the case or it can seek permission to appeal the decision to the Supreme ...
The lawsuit was brought by several industry groups that oppose the rule, including the U.S. Chamber of Commerce, the Securities Industry and Financial Markets Association and the Financial Services Institute. A Dallas district court upheld the DOL rule in a decision last year that eviscerated the industry ...
5th Circuit Court of Appeals strikes SB4 injunction; Houston's immigrant community fears racial profiling will become norm ... outside City Hall, Houston's immigrant community rallied quickly to the punch in their gut delivered by the 5th Circuit Court of Appeals. ... This is an attack on civil rights on all of us.".
Saying that plaintiffs' attorneys missed a key deadline, a federal judge in New Orleans last month ruled that a lawsuit seeking damages from Denka Performance Elastomer for releasing dangerous levels of chloroprene into the air in St. John the Baptist Parish will not be certified as a class action. U.S. ...
An appeal of a Baton Rouge federal judge's ruling halting construction of the Bayou Bridge Pipeline across the Atchafalaya Basin will be heard by a three-judge panel of the U.S. 5th Circuit Court of Appeals in New Orleans on Tuesday (March 13). On Feb. 23, U.S. District Judge Shelly Dick issued a ...
But on Thursday, in ruling that the ORR should instead bring Doe before a federal judge to state her wishes, the Fifth Circuit Court of Appeals filled in some ... But as Judge Edith Jones noted in her partial concurrence and partial dissent to Thursday's ruling, “These 'facts' are nowhere in the record before us, ...
The targets of the ire of those in attendance at the rally were Kyle Duncan, whom President Trump nominated in October for a seat on the U.S. Fifth Circuit Court of Appeals, and Thomas Farr, whom Trump nominated in July for a federal judgeship in the Eastern District of North Carolina. Nan Aron, president ...
The Fresno City Council is dealing with a good problem, an $8.6 million windfall. The council voted Thursday to spend the net balance of the funds - $5.8 million - on a variety of items, from repairs at parks and city owned parking garages to body cameras for police officers. It also includes $1.3 million for a ...

In July 2016, a federal judicial conduct committee ordered the 5th U.S. Circuit Court to re-investigate the case against Smith. ... against Smith in December 2015 may not have gone far enough in the punishment meted out to Smith and ordered the 5th Circuit Court to review the evidence against Smith again.
In a decision that could bolster a separate lawsuit in New Orleans, a federal appeals court has upheld a challenge to the way Houston judges set bail for criminal defendants. A three-judge panel of the 5th U.S. Circuit Court of Appeals said this week that a district judge correctly found the Harris County, ...
The U.S. Fifth Circuit Court of Appeals reportedly decided earlier this week to uphold most of U.S. District Court Judge Lee H. Rosenthal's ruling, which ... The federal case result comes after a 2016 lawsuit filed by Maranda ODonnell, a single mother who reportedly spent two nights in prison when she ...
Abbott reportedly had unusual and outsized influence on the nomination process for federal judges, which is traditionally a process led by a state's two U.S. senators. That party infighting seems to have delayed what was expected to be a relatively smooth nominations and confirmation process dominated ...
Abbott reportedly had unusual and outsized influence on the nomination process for federal judges, which is traditionally a process led by a state's two U.S. senators. That party infighting seems to have delayed what was expected to be a relatively smooth nominations and confirmation process dominated ...
In the midst of college basketball's March Madness, where seemingly no high-seeded team was safe from elimination, the Fifth Circuit Court of Appeals struck down what has come to be known as the Fiduciary Rule, the Obama-era regulation that more broadly defined when a person is acting as a fiduciary ...
A federal court order temporarily blocking construction of the Bayou Bridge pipeline is limited to the Atchafalaya Basin and work can continue elsewhere along the length of the 163-mile crude oil line, ... The company told the judge Monday the ruling would be sent to U.S. 5th Circuit Court of Appeals.
The U.S. 5th Circuit Court of Appeals upheld a lower court ruling that the county's bail system is unconstitutional. Judge Darrell Jordan and ... Jordan's co-defendant, Judge Mike Fields, urged Emmett and the commissioners to “use every tool in your arsenal to help us settle this lawsuit.” Fields added, “Our ...
Designed in the Italian Renaissance Revival style by the New York architectural firm Hale and Rogers, the building originally also housed a U.S. Post Office. According to a history written by the General Services Administration, the post office occupied the entire first floor, while the Federal District Court and ...
Izzo's Illegal Burrito filed an affidavit in its federal racketeering case against Rouses in U.S. District Court in Baton Rouge. ... Izzo's appealed that decision to the 5th Circuit Court of Appeals, which said last month that all the claims must be decided before Izzo's can appeal the ones that were dismissed.
The state of Texas plans to install air conditioning in a notoriously hot prison after reaching a settlement with inmates in a federal class action lawsuit, an attorney for the inmates said ... The department originally fought Ellison's ruling, appealing the decision to the U.S. 5th Circuit Court of Criminal Appeals.
John Battaglia, 62, died at 9:40 p.m. Thursday from a dose of sodium pentobarbital, after his attorneys' flurry of last-minute appeals were rejected by a federal judge in Houston, the Fifth Circuit Court of Appeals and the U.S. Supreme Court. Battaglia's execution was the third this year in the United States, all ...
He had received a temporary stay from deportation last summer, but nothing could budge the office of Immigration and Customs Enforcement from extending his stay so his pending appeal with the U.S. Fifth Circuit Court of Appeals could be heard. Pleas from community members and Connecticut's ...
DALLAS - A Dallas man convicted of shooting and killing his two daughters was executed after the U.S. Supreme Court denied his two appeals Thursday night. John Battaglia received a lethal injection of pentobarbital and was pronounced dead 22 minutes later at 9:40 p.m., confirmed by Jason Clark, ...
U.S. Fish and Wildlife Service, following denial of a rehearing en banc in the Fifth Circuit Court of Appeals. .... Rather, the designation imposes obligations on federal agencies to “insure that any action authorized, funded, or carried out by such agency . . . is not likely to . . . result in the destruction or adverse ...
TUPELO – With written arguments now filed before the U.S. 5th Circuit Court of Appeals, the survivors of Antwun “Ronnie” Shumpert have mounted an effort to keep ... He is asking the 5th Circuit to reverse Aycock's summary judgment and send the case back to the federal Northern District of Mississippi.
The Supreme Court justices agreed to review a June 2016 ruling from a three-judge panel of the Fifth Circuit Court of Appeals that upheld a federal agency's designation of the Louisiana tract owned by the Poitevent family companies and the Weyerhaeuser Co. as the only potential breeding ground outside ...
The U.S. Supreme Court dismissed the efforts of Texas Democrats and other plaintiffs to revive a partisan gerrymandering legal claim in the ongoing litigation ... The U.S. 5th Circuit Court of Appeals heard arguments over the state's recent revisions to its 2011 voter ID law, which federal courts have said ...
Engelhardt, 57, appeared before the committee as one of President Donald Trump's nominees for a seat on the New Orleans-based 5th U.S. Circuit Court of Appeals. Republicans on the committee expressed support for him. Although the federal district judge told senators he'd handled “thousands” of ...
U.S. Sen. John Kennedy, R-La., endorsed Washington lawyer Kyle Duncan on Thursday night for a seat on the 5th Circuit Court of Appeals in New Orleans, after withholding his support in a pique over the White House's judicial nominating process and some actual nominees. (Photo by Scott Applewhite, ...
The U.S. Fifth Circuit Court of Appeals recently affirmed a ruling in favor of an insurer that it did not owe defense or indemnity because the insurer did not receive notice of the lawsuit until over 40 days after the entry of a default judgment against its insured. Nautilus Insurance Co. v. Darwin Vargas d/b/a ...
In its August ruling, a three-judge panel of the U.S. 5th Circuit Court of Appeals affirmed a lower court's finding that Texas ran afoul of the federal Voting Rights Act by restricting the interpretation assistance that English-limited voters may receive and that the law should be struck down. The appellate court ...
John Kennedy praised some of 5th U.S. Circuit Court of Appeals nominee Kyle Duncan's legal credentials at a Senate Judiciary Committee hearing Wednesday ... The Fifth Circuit Court of Appeals is already known as possibly the most conservative federal appeals courts in the country, said Carl Tobias, ...
In response to the ban being struck down, Texas Attorney General Ken Paxton immediately filed an appeal of the decision with the U.S. 5th Circuit Court of Appeals. “Through extraordinary evidence and expert witness testimony, we established that Senate Bill 8 is lawful, treats the unborn with dignity and ...
WASHINGTON — The U.S. Supreme Court is leaving in place a court ruling that a North Texas school board can open its meetings with student-led public prayers ... The 5th Circuit Court had said in its March decision the key question was "whether this case is essentially more a legislative-prayer case or a ...
AUSTIN – Gov. Greg Abbott has announced his general counsel, Jimmy Blacklock, will fill the vacancy on the Texas Supreme Court Justice Don R. Willett will create if confirmed by the Senate for the 5th Circuit Court of Appeals. Willet was nominated by President Trump and will likely face confirmation in the ...
Governor Greg Abbott announced Monday he picks his General Counsel, Jimmy Blacklock, for the Texas Supreme Court to replace Justice Don Willett, who is nominated to become a member of the U.S. the Fifth Circuit Court of Appeals and is expected to be confirmed by the Senate in the coming weeks.
WASHINGTON -- A Louisianan nominated by President Donald Trump for a seat on the federal Fifth Circuit Court of Appeals will get a hearing before the ... Judge Kurt D. Engelhardt, the chief judge of the New Orleans-based U.S. District Court for the Eastern District of Louisiana, was also nominated by the ...
WASHINGTON — A Louisianan nominated by President Donald Trump for a seat on the federal Fifth Circuit Court of Appeals will get a hearing before the ... Judge Kurt D. Engelhardt, the chief judge of the New Orleans-based U.S. District Court for the Eastern District of Louisiana, was also nominated by the ...
The U.S. Supreme Court on Monday declined to take up a case about ... Smith, and the humanists' group said the federal appeals courts were split on ... that the 5th Circuit court was correct and that school board meetings are ...
Wade -- the U.S. Supreme Court case out of Texas that established a ... but the 5th Circuit Court -- one of the most conservative federal appeals ...
The state wants the Legislature to address a federal court ruling that ... denied by the U.S. Fifth Circuit Court of Appeals in New Orleans on Nov.
Seven Texas lawyers in line for vacant federal judgeships .... One of the nominees to the U.S. 5th Circuit Court of Appeals is Don Ray Willett, ...


 

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