U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

March 2015 Archives

A federal judge in Texas has put a stop to the Obama administration's plans to expand coverage of Family and Medical Leave Act protections to married same-sex couples, at least temporarily. Judge Reed O'Connor, in the District Court for the Northern District of Texas, ordered the government to stay its FMLA final rule after Texas brought suit.

The stay puts a halt to an expansion which would have seen leave protections extended to all married spouses, regardless of state. The FMLA allows covered workers to take to take unpaid leave in the case of serious health conditions, to care for a spouse or child, or for the birth or adoption of a new child.

The Fifth Circuit is set to hear arguments next month in the lawsuit over President Obama's executive actions on immigration, the court has announced. Each side will be given an hour for their arguments which will take place April 17th, in New Orleans.

The case, Texas v. United States, challenged whether the president had the power to prioritize, and deprioritize, immigration enforcement. Several states, lead by Texas, sued the U.S. in order to halt Obama's immigration plan, winning in district court. The arguments scheduled for mid-April will focus on whether the federal government should be prevented from enacting its immigration plans while the case is appealed.

In Miss., Anonymous Tip Isn't Enough for a DUI Stop

Last year, in Navarette v. California, the U.S. Supreme Court said that an anonymous tip alleging drunk driving was sufficient to create reasonable suspicion for a traffic stop of the car described.

Mississippi doesn't seem so sure. The state's supreme court deviated from Navarette earlier this month when it held that police lacked reasonable suspicion to stop a car based solely on an anonymous allegation of drunk driving.

BP Employees Can't Be Charged for Deepwater Horizon Deaths: 5th Cir.

Two high-ranking BP employees working on the Deepwater Horizon oil-drilling platform when it exploded on April 20, 2010, can't be charged with 23 counts of "seaman's manslaughter," the Fifth Circuit ruled last week.

The issue here is statutory interpretation, and much like the Supreme Court's recent decision that a fish is not a "record," the Fifth Circuit decided that a BP employee is not an "other person" within the meaning of the statute.