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HISTORICAL FACTS: Fifth circuit | History Defined

US Supreme Court Hands Trump Immigration Win as Biden-Era Administrative Closure Rule Remains Blocked

The Supreme Court leaves the administrative closure rule blocked, handing Trump an immigration victory as advocates warn of deportation risks.

International Business Times UK · 11h ago

US appeals court rules 10-7 against bond hearings for immigrants detained after illegal entry

The US Court of Appeals for the Fifth Circuit has made a pivotal ruling concerning immigrant detention, involving three men who unlawfully entered the country. The court decided to overturn earlier decisions that allowed them individualized bond hearings while awaiting removal proceedings. This change stirs substantial dialogue on the potential…

The Times of India · Oct 26

Sony, Warner, Universal and BMG Lose Copyright Battle to Songwriter Who Sold Worldwide Rights for Just $1

The US Supreme Court could not hear a challenge over 'Double Shot (Of My Baby's Love),' leaving a ruling that restores Cyril Vetter's worldwide rights in the case.

International Business Times UK · Oct 26

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Dallas homeowners lost their $58,150 repair claim after a court ruled they filed too late

A federal appeals court has ruled against Dallas residents who sought over $58,000 from State Farm for water damage from a 2021 freeze, determining that their lawsuit was not filed within the required timeframe of their insurance policy. State Farm had already compensated for initial damages but denied further claims,…

The Times of India · Oct 24

Mississippi DEI ban can go into full effect after Fifth Circuit reversal

The U.S. Fifth Circuit Court of Appeals vacated a lower-court ruling that prevented portions of a Mississippi ban on diversity, equity and inclusion from being enforced

The Independent UK · Oct 23

Why Would Trump Make A Deal With A Judge Who Ruled Illegal Aliens Have A Right To "Locomotion" In The United States?

And does Todd Butler agree with Judge Southwick that denying a bond hearing to illegal aliens is an affront to freedom “at its most basic”?

Reason · Oct 23

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Rebellions, rebels without a cause, and military discounts.

Reason · Oct 23

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"The District Court—or Perhaps, Being Charitable, Its AI Agent—Ignored and Manipulated Governing Law, Apparently to Satisfy a Policy Agenda"

A short excerpt from the long opinion in Jackson Fed. of Teachers v. Fitch, decided yesterday by Fifth Circuit Judge… The post "The District Court—or Perhaps, Being Charitable, Its AI Agent—Ignored and Manipulated Governing Law, Apparently to Satisfy a Policy Agenda" appeared first on Reason Magazine.

Reason · Oct 23

Jury Backs State Farm: appeals court upholds tornado payout verdict; bad faith bar stays high

Gary and Martha Smith experienced significant disputes regarding their tornado damage insurance claim against State Farm. After receiving $292,901.67, they sought much higher compensation based on alleged damages. The trial lasted five days, involving numerous witnesses and conflicting expert testimonies regarding the necessary repairs. In the end, the jury ruled…

The Times of India · Oct 23

Appeals Court Alters Proof Test: Fifth Circuit revives State Farm roof suit; shifts burden in all-risk claims

A couple from Mississippi faced a challenging situation when their roof sustained extensive damage from a recent storm. State Farm, their insurance provider, contested the claim for a new roof, leading the district court to initially favor the insurer by emphasizing proof of damage causation. However, the Fifth Circuit Court…

The Times of India · Oct 23

Vacant Clause Can Void Cover: US court backs Allstate in Texas case; landlords urged to check policies

Bradley and Crystal Childers invested in a rental property in Lufkin, Texas, but their renovation project took a setback when valuable equipment was stolen after the property sat unoccupied for over two months. Allstate, their insurer, rejected their claim based on the rental policy's occupancy stipulations. The court agreed with…

The Times of India · Oct 23

Switchblade Ban Violates Second Amendment, Fifth Circuit Holds

From Knife Rights, Inc. v. Blanche, decided yesterday by Fifth Circuit Judge Jennifer Walker Elrod, joined by Judges Don Willett… The post Switchblade Ban Violates Second Amendment, Fifth Circuit Holds appeared first on Reason Magazine.

Reason · Oct 22

Court upholds AIG’s win in Louisiana doctors’ $16.1 million hurricane damage dispute

A Louisiana couple’s $16.1 million hurricane damage appraisal did not help them overturn a jury verdict in an insurance dispute. Raja and Gayathri Talluri, doctors who own a 25,000-square-foot home in Thibodaux, Louisiana, sued AIG Property Casualty over its refusal to pay their full $6.7 million repair estimate after Hurricane…

The Times of India · Oct 22

Mississippi couple lost $95,896 homeowners insurance claim over expert evidence

Dustin and Amanda Cain found their home severely damaged by a tree that fell onto it, leading to a dispute with their insurer, State Farm. After receiving initial compensation, they sought expert opinions to prove higher repair costs. Unfortunately, their expert testimony was dismissed, resulting in a ruling favoring State…

The Times of India · Oct 21

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Reason · Oct 19

Supreme Court Will Hear Necessary and Proper Clause Case on Federal Law Banning Home Distilleries

The case is likely to be the most important Necessary and Proper Clause case since 2012.

Reason · Oct 16

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Federal wrong-door raids, federal vigilantes, and federal prosecutions in Indian country.

Reason · Oct 9

Kafka's The Trial "Was Not Supposed to Be an Instruction Manual"

In a Fifth Circuit case (which the court just declined to rehear en banc), a woman had faced potential prosecution for publishing a photo of a transgender politician washing hands in a women's restroom.

Medical Daily · Oct 7

Appeals Judges Appeared Skeptical of HHS as Humana Fights Medicare Advantage Overpayment Audit Rule in Fifth Circuit

A Fifth Circuit panel appeared skeptical of HHS as Humana fights a Medicare Advantage audit rule that could claw back billions in overpayments.

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Reason · Oct 6

Lurching Through The Audition Trap

Do we rewards judges who audition or who refuse to audition?

Reason · Oct 5

Ask Jeeves

How would The Butler vote?

Latin Times · Oct 5

Big Bend Border Wall Frozen by a Federal Judge: What the Injunction Means for Trump's $46 Billion Push

A federal judge halted all Big Bend border wall construction on Oct. 2. What the ruling means, who won it, and what the Fifth Circuit decides next.

Reason · Oct 4

Comparing the Credentials Of Three Decades of Fifth Circuit Nominees

The Butler didn't do it.

Reason · Oct 2

How Would A Judge Butler Actually Affect The Fifth Circuit? (Updated)

I would prefer Judge Southwick to have one vote rather than two votes.

Reason · Oct 2

Todd Butler Compared Street Preacher In Supreme Court Case To "Domestic Terrorism"

The case was a dry dispute about jurisdiction. There was no reason to impugn the preacher's faith.

Reason · Oct 1

When Judges Pick Their Law Clerks As Replacements

Judge Southwick announces he will take senior status, and two days later President Trump nominates Southwick's former clerk.

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