U.S. Court of Appeals for the Fifth Circuit
10 published articles from this court.
The court held the order is a restriction on access to government information, not a prohibition on speech, and thus does not violate the First Amendment.
The Fifth Circuit upheld the application of a Texas choice-of-law clause and most of a defense-and-indemnity ruling in Anadarko’s favor. It vacated the judgment to the extent it could require coverage for punitive or exemplary damages and remanded the treatment of fees from the underlying suit.
The Fifth Circuit held that advocacy organizations could not establish Article III injury by voluntarily redirecting legal-services resources in response to Texas’s immigration law, leaving the preemption question unresolved.
A Fifth Circuit panel revived much of a former Godley, Texas, councilwoman's civil rights suit alleging city officials used a tampering charge to keep her from a key council vote.
The panel affirmed a 15-year methamphetamine sentence, holding that the state-law label on an expungement does not decide whether a prior conviction counts under the federal Sentencing Guidelines.
The panel said would-be intervenors could not plausibly defend Texas provisions giving in-state tuition access to students not lawfully present when out-of-state U.S. citizens did not receive the same benefit.
The Fifth Circuit said neighbors challenging a New Orleans hospital’s relocated helipad must wait for final judgment before appealing a ruling that blocked their requested permanent injunction.
The Fifth Circuit said a Louisiana LLC that dissolved before suing Vendera and BOKF lacked capacity to bring its trade secrets and contract claims, but sent a sealing order back for a public-access analysis.
A Fifth Circuit panel affirmed summary judgment for Louisiana in drugmakers’ challenge to a state law protecting 340B contract-pharmacy distribution.
The Fifth Circuit said a felon-in-possession defendant could keep challenging two supervised-release conditions tied to a later revocation, then struck them because they were not properly pronounced in court.