Fifth circuit court of appeals louisiana

Breaking News Emails Get breaking news alerts and special reports. The news and stories that matter, delivered weekday mornings. SUBSCRIBE Feb. 8, 2019, 2:40 AM GMT By Pete Williams The U.S. Supreme Court on Thursday blocked Louisiana from enforcing a law that women's groups said would leave only a single doctor legally allowed to perform abortions in the state. By a 5-4 vote, the court said the restrictions must remain on hold while challengers appeal a lower court decision in favor of the law. Chief Justice John Roberts voted with the court's liberal members. It was the Supreme Court's first significant action on the hot-button issue of abortion since Donald Trump's nominee, Brett Kavanaugh, replaced Anthony Kennedy, who generally voted with the court's liberals to uphold abortion rights. In Thursday's ruling, Kavanaugh voted with the conservatives — Clarence Thomas, Samuel Alito, and Neil Gorsuch. Kavanaugh filed a dissent, writing only for himself. He said he would … [Read more...] about Supreme Court blocks Louisiana abortion law as John Roberts joins liberal justices in 5-4 ruling

By Taylor Goldenstein, Austin Bureau Published 6:03 pm CDT, Wednesday, March 13, 2019 Planned Parenthood South Texas' facility in San Antonio has examination rooms for women's healthcare. Texas’ ban on the most common second-trimester abortion procedure remains blocked after federal judges Wednesday postponed a decision until the Supreme Court takes action on a similar case. (Kin Man Hui/San Antonio Express-News) less Planned Parenthood South Texas' facility in San Antonio has examination rooms for women's healthcare. Texas’ ban on the most common second-trimester abortion procedure remains blocked after federal judges ... more Photo: Kin Man Hui, Staff Photographer / San Antonio Express-News Photo: Kin Man Hui, Staff Photographer / San Antonio Express-News Image 1 of / 1 … [Read more...] about Appeals court postpones ruling on Texas ban of some abortion procedures

In order to be covered under the Americans with Disabilities Act, an employee must be a “qualified individual with a disability.” A “qualified individual,” in turn, must be able to perform the essential functions of his or her job with or without an accommodation. Based on these simple premises, most employers understand that they must provide reasonable accommodations to help their employees perform those essential functions (and, indeed, this is the type of accommodation that employees generally request). Accordingly, many employers would likely agree with the analysis of the Eastern District of Louisiana when it recently nixed a former assistant attorney general’s accommodation request for free on-site parking because the employee could not explain how the request assisted her in the performance of her essential functions.  Not so fast, ruled the Fifth Circuit in an opinion that can be found here (Feist v. Louisiana). In what many are calling a … [Read more...] about The Fifth Circuit Said What About Reasonable Accommodations? Re: Americans with Disabilities Act

On December 10, 2012, the United States Supreme Court declined to review a recent ruling of the Fifth Circuit Court of Appeals, which approved a private settlement of employees' claims for unpaid overtime under the Fair Labor Standards Act (FLSA). The plaintiffs, who requested the Supreme Court hear an appeal of the Fifth Circuit's decision, alleged there was a circuit split on this issue, citing an opinion from the Eleventh Circuit Court of Appeals requiring approval of any FLSA settlement from a court or the United States Department of Labor.  Given the Supreme Court's denial of review, employers in the Fifth Circuit – which includes Texas, Louisiana, and Mississippi – now have the option to privately settle disputed claims under the FLSA. Before the Fifth Circuit's ruling, many employers and employment attorneys believed private FLSA settlements were unenforceable. For any such private settlement to be valid, however, three elements should be … [Read more...] about Supreme Court Allows Fifth Circuit Ruling on Private FLSA Settlements to Stand

In August 2016, the United States Fifth Circuit Court of Appeals decided Baker v. Director, OWCP, et al., a decision which offers another useful interpretation of the definition of a "vessel" under the Longshore and Harbor Workers' Compensation Act (LHWCA). Baker v. Director, Office of Workers' Compensation Programs, No. 15-60634, 2016 WL 4427111 (5th Cir. Aug. 19, 2016) (not yet released for publication).James Baker worked at Gulf Island Marine Fabricators, LLC (Gulf Island), as a marine carpenter for approximately eight months. Baker was assigned to Gulf Island's waterside marine fabrication yard in Houma, Louisiana, and was allegedly injured while constructing a housing module for use on a tension leg offshore oil platform (TLP) named "Big Foot." Baker filed a claim for disability benefits under the LHWCA, arguing he was entitled to benefits because he qualified as a "shipbuilder" under the LHWCA. Whether Baker qualified as a shipbuilder required the Fifth Circuit to directly … [Read more...] about The Fifth Circuit Revisits the Definition of ‘Vessel’ Under the Longshore and Harbor Workers’ Compensation Act