5th Circuit Court

American Indians challenging eagle feather rules get a boost from Hobby Lobby ruling

In many American Indian religions, the eagle is considered a link to the creator and the spirit world. Its feathers are an important part of rituals, facilitating spiritual or physical purification.

Jan 1, 2015 5:53 AM CST

5th Circuit stays execution; lawyers cite inmate’s paranoia, odd behavior

A federal appeals court on Wednesday stayed the execution of Texas death-row inmate Scott Panetti to consider claims that he is incompetent for execution. The order (PDF) by the New Orleans-based 5th U.S. Circuit Court of Appeals said the stay was issued to “fully consider the late arriving and complex…

Dec 4, 2014 10:38 AM CST

Texas AG leads 17-state lawsuit against Obama administration over executive order on immigration

The attorney general of Texas has filed a federal lawsuit against the Obama administration on behalf of a 17-state coalition, challenging the president’s authority to issue a recent executive order easing immigration restrictions for millions of undocumented Americans. “The president is abdicating his responsibility to faithfully enforce laws that were…

Dec 3, 2014 4:05 PM CST

DA’s men accused of stealing rare comics forfeited by in-house lawyer jailed in $9M theft scheme

An in-house lawyer accused of stealing $9 million by paying fake law firm bills took a felony plea and was sentenced to 40 years by a Texas judge six months ago. But that wasn’t the end of the fallout over Anthony Chiofalo’s theft scheme. A onetime investigator for the Harris…

Nov 26, 2014 1:45 PM CST

5th Circuit ruling could mean freedom for ‘Angola 3’ inmate held in solitary for 40-plus years

An inmate who has been held in solitary confinement for more than 40 years for the alleged murder of a prison guard has won a reversal of his conviction. The New Orleans-based 5th U.S. Circuit Court of Appeals on Thursday upheld a federal judge’s decision to overturn the conviction of…

Nov 21, 2014 11:10 AM CST

Imperfect statement of legal theory doesn’t justify dismissal of cops’ suit, SCOTUS rules

Failure to cite Section 1983 in a suit for alleged due-process violations doesn’t doom a suit by fired police officers, the U.S. Supreme Court ruled Monday in a summary reversal. The per curiam opinion (PDF) said federal pleading rules call for a short and plain statement of the claim, but…

Nov 10, 2014 11:18 AM CST

5th Circuit judge explains remarks on race and crime; ethics complaint is tossed

A panel of federal judges has tossed an ethics complaint accusing a federal appeals judge of making racially biased remarks, according to an appeal filed on Tuesday by a coalition of civil-rights groups and others. The Judicial Council of the District of Columbia Circuit dismissed the complaint in August, according…

Oct 15, 2014 10:20 AM CDT

5th Circuit reinstates strict Texas voter ID law

A federal appeals court has temporarily reinstated a voter ID law in Texas that requires voters to produce one of seven specified forms of photo identification. The New Orleans-based 5th U.S. Circuit Court of Appeals said the law may be enforced to avoid confusion before early voting begins on Oct.…

Oct 15, 2014 8:22 AM CDT

Duped by lawyer’s faked suits, attorney who operated litigation funding firm loaned her $400K

A New Jersey attorney who operates a litigation funding firm has won a $960,000 judgment in his home state against a Texas lawyer. But it appears doubtful that Tim Foley, who owns American Asset Finance, will collect it. “The damage has been done, and I don’t expect there to be…

Oct 14, 2014 5:10 PM CDT

Racketeering suit says law firm aided sunken-treasure fraud, seeks $10M in damages

An investor group has filed a federal racketeering suit against a well-known Delaware law firm and one of its partners, contending that they aided and abetted a sunken treasure fraud concerning emeralds a client claimed to have discovered undersea off the Florida coast. The alleged participation of Bruce Silverstein and…

Oct 9, 2014 10:50 AM CDT

Litigation success brings layoffs for 17 attorneys at law firm representing Halliburton

Successfully defending Halliburton Co. in litigation related to the Deepwater Horizon oil spill resulted in pink slips for 17 attorneys and six staff members at a Texas law firm. After announcements early last month of a $1.1 billion proposed class action settlement and a finding by a federal judge in…

Oct 8, 2014 4:00 PM CDT

5th Circuit rejects convicted Ponzi schemer Allen Stanford’s 299-page brief

The man convicted of running the second-largest Ponzi scheme in American history filed a 299-page pro se brief with the New Orleans-based 5th U.S. Circuit Court of Appeals, the Dallas Morning News and Vice collaboratively reported. R. Allen Stanford, who is representing himself after firing his court-appointed attorney, had his…

Oct 7, 2014 3:14 PM CDT

5th Circuit overturns stay on Texas abortion law; 13 of 21 remaining clinics closed overnight

A federal appeals court decision upholding the enforcement of a sweeping Texas abortion law led to the immediate shutdown of 13 abortion clinics, leaving just eight in operation, all of which are in large cities or metropolitan areas, the New York Times reports. Overruling an August decision by federal district…

Oct 3, 2014 11:48 AM CDT

Imprisoned ex-cop gets 18 months more for putting ‘Miami Mice’ recording of fellow officers online

Two days before he began serving a four-year sentence in a federal corruption case, a former Miami police sergeant posted telephone recordings of two ex-colleagues on YouTube and a law enforcement site. Entitled “Miami Mice,” the clip was intended to embarrass two officers who worked under Raul Iglesias when he…

Sep 26, 2014 4:40 PM CDT

Federal jury says Patti LaBelle’s entourage not responsible for injury to West Point cadet

Despite a security video that plaintiffs counsel says showed Patti LaBelle’s son, hairdresser and 400-pound bodyguard going after a West Point cadet waiting for a ride home outside a Houston airport terminal, a federal court jury on Tuesday rendered a verdict for the soul singer and her entourage. LaBelle herself…

Sep 24, 2014 3:55 PM CDT