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US v Cordova: #5thCir affirms, rejects as-applied #2ndAmendment challenge for felon in possession when prior conviction was for vehicular evasion of arrest; 2 judges #concur, discuss lifetime disarmament, need for new approach #appellatesky #lawsky baffc.net/4uZZMey
Morris v US: #5thCir reverses dismissal of #FTCA claim arising from negligence of #probation officer by woman whose ex-boyfriend attacked her while he was on supervised release & after she had warned officer of his threats #appellatesky #lawsky baffc.net/4vgYXxW
Cortez v Rubio: #5thCir dismisses Section 1503 & constitutional claims re #passport denials brought by man claiming to be born in TX; affirms dismissal of APA & mandamus claims #appellatesky #lawsky baffc.net/445buZs
US v Akula: #5thCir affirms NOLA hospice-care physician's convictions/20-yr sentence for fraudulent #Medicare billing, discusses exclusion of #expertwitness, sufficiency of #evidence, above-#USSG sentence, $42M restitution #appellatesky #lawsky baffc.net/4vaZ6D2
Nat'l Horsemen v Black: #5thCir, on remand from #SCOTUS & considering #ConsumersResearch case, reissues prior opinion finding #HISA's enforcement provisions violate private nondelegation doctrine #horseracing #FTC #appellatesky #lawsky baffc.net/4orAtjh
Fields v CIR: #5thCir affirms $1.8M estate #tax deficiency & 20% penalty: transfer of decedent's assets into limited partnership when her death was imminent wasn't bona fide sale, non-tax purpose lacking #appellatesky #lawsky baffc.net/3RWKc4S
Lutheran Church v Christian: #5thCir reverses lack of diversity jurisdiction dismissal of church's suit for restoration of control of @Concordia: district court ruling violated church autonomy doctrine #concur #dissent #appellatesky #lawsky baffc.net/4dRLczI
Megatel Homes v Mansfield: #5thCir grants rehearing, issues new opinion reversing state-action immunity for city on #antitrust claims, remanding to consider #ShermanAct & state law claims #appellatesky #lawsky baffc.net/4uxAJhQ
Martinez v Hinojosa: #5thCir affirms #qualifiedimmunity summary judgment for Laredo officer who mistakenly shot man who had disarmed perpetrator: no constitutional violation #appellatesky #lawsky baffc.net/4xdefFw
EnvTech v DeBusk: #5thCir reverses dismissal: plaintiff plausibly alleged defendant committed #tradesecret theft as part of broader pattern of theft w/competitors' former employees in violation of #RICO statute #appellatesky #lawsky baffc.net/4e1MQiq
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Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit
Bar Association of the Fifth Federal Circuit