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

August 2012 Archives

Fifth Circuit Adopts 'Flexible Due Diligence' Standard for Service

After a brief break to deal with Hurricane Isaac, the Fifth Circuit Court of Appeals decided to dive back into civil procedure with a new service of process policy.

Friday, the New Orleans-based appellate court adopted a flexible due diligence standard for foreign service of process.

Isaac to Make Landfall: 5th Circuit Closed Until Thursday

Around this time seven years ago, we were sitting in Louisiana and hoping that Hurricane Katrina would pass our beloved Bayou State without wreaking havoc. Once again, we're spending the final days of August playing a wait and see game with a hurricane heading straight for the Gulf Coast.

Monday afternoon, Isaac's wind speed increased to 70 mph, just 4 mph short of a hurricane, NBCNews.com reports. The National Hurricane Center is predicting that Isaac will reach Category 2 status with 100 mph winds late Tuesday night or early Wednesday.

Fifth Circuit: Texas Can Deny Planned Parenthood Funding

The Fifth Circuit Court of Appeals ruled on Tuesday that Texas can block Women's Health Program (WHP) funding to Planned Parenthood and other healthcare providers that offer abortions, reports CNN.

The New Orleans-based court held that Texas may deny WHP funds from organizations that promote elective abortions. The court found that the "specific restriction on the breadth of the program functions as a direct regulation of the definitional content of a state program."

Judge Dismisses Lance Armstrong's USADA Lawsuit

It’s a battle of due process versus doping.

Judge Sam Sparks dismissed Lance Armstrong’s lawsuit against the U.S. Anti-Doping Agency (USADA) on Monday, after concluding that Lance could rely on international arbitration bodies for due process, reports The Washington Post.

Is Zach Scruggs Innocent? 5th Circuit: Meh. It Doesn't Matter

It took only a month for the Fifth Circuit Court of Appeals to decide that Zach Scruggs is stuck with his "earwigging" guilty plea.

Scruggs, who has already completed his sentence, told the appellate court in July that his plea should be thrown out because his conduct didn't constitute a crime under the Supreme Court's 2010 Skilling v. U.S. ruling. Thursday, the Fifth Circuit affirmed Scruggs' conviction, finding that he was not entitled to relief.

Lance Armstrong to Judge Sparks: Just Say No to USADA Arbitration

Have you ever watched Lance Armstrong compete? It’s incredible. Love him or hate him, Lance made cycling interesting.

Now, he’s making anti-doping litigation interesting.

If you have no idea who Lance Armstrong is, and you think cycling is about as exciting as watching paint dry, we’ll condense the dirty details to bring you up to speed.

Texas Summers Might Be Cruel and Unusual Punishment

Summer heat waves are hardly surprising, even if they make headlines annually.

Each year, there are heart-breaking tales about children dying in cars, and elderly people suffering without air conditioners. But they're not the only ones hurting as temperatures rise. Last week, the Fifth Circuit Court of Appeals noted that prisoners also bear the brunt of the summer heat.

Now, taxpayers could bear the burden of cooling prisoners if a jury finds that Texas prison temperatures rise to the level of cruel and unusual punishment.

Court Grants En Banc Rehearing on Farmers Branch Occupancy License

The Fifth Circuit Court of Appeals will once again consider an ordinance requiring an "occupancy license" for prospective renters in a Dallas suburb.

The New Orleans-based court agreed to en banc rehearing of Villas at Parkside Partners v. City of Farmers Branch this week.