Fifth Circuit Tag

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Posted 28 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments: SCT stairs[Update: I added the Ninth Circuit's Daubert decision. (7/31)] Second Circuit Carter v. Inc. Vill. of Ocean Beach, No. 13-815 (July 21, 2014): Affirming award of attorney's fees to County defendants in case brought by former police officers alleging wrongful termination and defamation. Cox v. Onondaga Sheriff's Dept., No. 12-1526 (July 23, 2014): Affirming dismissal of complaint alleging Title VII retaliation for racial-harassment claims. Reyes v. New York City Dept. of Ed., No. 13-158 (July 25, 2014): Finding that under IDEA, proposed IEP and school placement failed to provide student with free appropriate public education. Fourth Circuit

Posted 21 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:judicial bench First Circuit Merit Construction Alliance v. City of Quincy, No. 13-2189 (July 16, 2014): The court concluded that the district court: (1) properly determined that ERISA preempts a City ordinance mandating a specific apprentice-training program; and (2) erred by awarding attorney's fees under ERISA's fee-shifting statute. Third Circuit Batchelor v. Rose Tree Media Sch. Dist., No. 13-2192 (July 17, 2014): The court found that retaliation claims related to enforcement under the Indviduals with Disabilities in Education Act must be exhausted before a court may assert subject-matter jurisdiction.

Posted 09 Jun 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:NinthCircuit First Circuit Fifth Circuit

Posted 31 Mar 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:FedPrac First Circuit Fifth Circuit

Posted 17 Mar 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:Alexandria-court First Circuit Second Circuit

Posted 21 Oct 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Second Circuit Dorsett v. County of Nassau, No. 13-641 (Oct. 18, 2013) (affirming dismissal of First Amendment retaliation claim against County because plaintiff lacked standing to challenge County's delay in acting on settlement agreement) Fifth Circuit Bradberry v. Jefferson County, No. 12-41040 (Oct. 17, 2013) (in challenge under Uniformed Services Employment and Reemployment Rights Act, finding that collateral estoppel did not bar the County from re-litigating facts determined in...

Posted 08 Oct 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. First Circuit National Association of Tobacco Outlets v. City of Providence, No. 13-1053 (Sept. 30, 2013) (finding that City's tobacco-sales ordinance, designed to reduce youth tobacco use, does not violate First Amendment and is not preempted) Fifth Circuit Marceaux v. Lafayette City-Parish Consolidated Government, No. 13-30332 (Sept. 30, 2013) (finding that district court improperly granted protective order requiring officers suing police department to remove website) Eleventh Circuit Dawkins v. Fulton County Government, No. 12-11951 (Sept. 30,...

Posted 30 Sep 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Fifth Circuit United States v. City of New Orleans, No. 13-30161 (Sept. 27, 2013) (upholding denial of City's motion to vacate consent decree regarding police practices). Sixth Circuit Bessie Jones v. City of Cincinnati, No. 11-4174 (Sept. 27, 2013) (reversing district court's denial of qualified immunity to police officers regarding excessive-force and failure-to-provide-medical-care claims). Tenth Circuit Olson v. City of Golden, No. 11-1454 (Sept. 25, 2013) (dismissing as moot a challenge to City's campaign-finance regulations...

Posted 10 Sep 2013 in Case Notes
[caption id="attachment_79" align="alignright" width="300"]Local government regulation of immigration through housing ordinances has divided the courts. Local government regulation of immigration through housing ordinances has divided the courts.[/caption] Can a local government prohibit the leasing of housing to persons who entered the United States illegally? Since June, three federal courts of appeals have tackled that difficult question—and reached different results. The decisions present a range of perspectives on whether local housing ordinances “conflict” with federal law or intrude upon a “field” reserved to the federal government. They highlight the uncertain contours of the preemption doctrine—and demonstrate the risk facing any local government that regulates in this space.