Litigation

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LDF Applauds Confirmation Of James E. Graves Jr. To 5th Circuit
Posted on 16 Feb 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - The NAACP Legal Defense & Educational Fund Inc. (LDF) said it applauds the U.S. Senate's vote Feb. 14 to confirm James E. Graves Jr. to the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit is the federal appellate... Read More

U.S. Supreme Court Agrees To Take Up Suit Over Unearned Fees For Settlement Services
Posted on 12 Oct 2011 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 11 agreed to review a 2-1 ruling from the Fifth Circuit U.S. Court of Appeals finding that Quicken Loans Inc. did not violate the Real Estate Settlement Procedures Act (RESPA) when it charged... Read More

Supreme Court Hears Oral Argument In Securities Class Action
Posted on 25 Apr 2011 by Timothy Raub

WASHINGTON, D.C. - (Mealey's) An investor that alleged that Halliburton Co. and certain of its officers violated federal securities law by making false and misleading statements about its asbestos litigation liability told the U.S. Supreme Court on... Read More

Supreme Court: Bankruptcy Lawyers Not Entitled To Fees For Defending Fee Requests
Posted on 16 Jun 2015 by Emerson Heffner

WASHINGTON, D.C. — (Mealey’s) The U.S. Bankruptcy Code does not allow bankruptcy courts to award fees to attorneys for successfully defending their fee applications, the U.S. Supreme Court held June 15 in a 6-3 decision, affirming a Fifth... Read More

$2.4M Welding Rod Verdict Vacated So Jury Can Weigh Employer’s Fault
Posted on 27 Aug 2010 by Bill G Lowe

NEW ORLEANS - (Mealey's) A jury in a welding rod multidistrict litigation bellwether case should have been permitted to allocate fault to the plaintiff's shipbuilder employer, a panel of the Fifth Circuit U.S. Court of Appeals said Aug. 26 in... Read More

5th Circuit Panel Affirms Lack Of Jurisdiction In FEMA Trailer Formaldehyde Suits
Posted on 24 Jan 2012 by Bill G Lowe

NEW ORLEANS - (Mealey's) A unanimous Fifth Circuit U.S. Court of Appeals panel on Jan. 23 affirmed summary judgment for the United States against Alabama and Mississippi claimants in the multidistrict Federal Emergency Management Agency trailer formaldehyde... Read More

Ballard Spahr LLP: 2 Federal Circuit Courts Weigh In Ahead Of Gomez
Posted on 17 Aug 2015 by Ballard Spahr LLP

Just two months before the U.S. Supreme Court hears argument in Campbell-Ewald Co. v. Gomez , two federal circuit court panels have ruled on jurisdictional issues presented in the case. Both the Seventh Circuit in Chapman v. First Index, Inc. [ enhanced... Read More

5th Circuit: Device Failure-To-Warn Claims Aren't Preempted
Posted on 24 Jan 2011 by Tom Moylan

NEW ORLEANS -- (Mealey's) A woman's failure-to-warn claims involving a uterine ablation device are not preempted by federal law, a panel of the Fifth Circuit U.S. Court of Appeals ruled Jan. 21 ( Jan Hughes v. Boston Scientific Corporation... Read More

U.S. Supreme Court To Rule On State's Case Qualifying As Mass Action
Posted on 28 May 2013 by LexisNexis Communities Staff

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 28 granted a petition for writ of certiorari in a dispute over whether a state's parens patriae lawsuit may be removed to federal court as a "mass action" under the Class Action... Read More

Abbey Spanier On Cy Pres Distributions Of Class Action Settlement Funds
Posted on 24 Jan 2012 by Abbey Spanier

By Stephanie Amin-Giwner When large class actions are settled, money often remains in the settlement fund even after one or more distributions to class members because some class members either cannot be located or decline to file a claim. Courts and... Read More

5th Circuit Upholds Injunction Against Obama Administration’s Immigration Reforms
Posted on 13 Nov 2015 by LexisNexis Legal Newsroom Staff

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit, in a 2-1 ruling, upheld a federal district court's preliminary injunction prohibiting implementation of the Deferred Action for Parents of Americans and Lawful Permanent... Read More

U.S. Supreme Court Refuses To Review Ruling Upholding Dismissal Of RESPA Suit
Posted on 1 Oct 2012 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 1 denied a couple's petition for a writ of certiorari seeking review of a Fifth Circuit U.S. Court of Appeals ruling that affirmed the dismissal of their suit accusing a loan servicer... Read More

5th Circuit Won't Stay Ruling On Offshore Drilling Moratorium
Posted on 9 Jul 2010 by Samantha Drake

NEW ORLEANS — (Mealey’s) The Fifth Circuit U.S. Court of Appeals on July 8 denied a motion to stay pending appeal of a Louisiana federal judge’s June 22 ruling enjoining the federal government’s six-month moratorium on offshore... Read More

High Court: Plaintiffs Must Show That Parties Split Fees To Pursue RESPA Claim
Posted on 25 May 2012 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) A unanimous U.S. Supreme Court on May 24 upheld a Fifth Circuit U.S. Court of Appeals majority decision to award summary judgment to Quicken Loans Inc. after finding that plaintiffs must show that parties split fees from... Read More