Tag Archives: FIFTH

In a Surprise Turn, DOJ Asks Fifth Circuit to Invalidate ACA

In a tersely worded letter to the US Court of Appeals for the Fifth Circuit, the US Department of Justice (DOJ) announced on Monday that it “has determined that the district court’s judgment in Texas v. U.S. should be affirmed” … Continue reading

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SCOTUS asked to revisit ESOP duty under Fifth Third

By Anne Sherry, J.D. In Fifth Third Bancorp v. Dudenhoeffer (U.S. 2014), the Supreme Court established pleading requirements for an investor to state a claim for breach of the duty of prudence against a fiduciary of an employee stock ownership … Continue reading

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Tenth Circuit: No Fifth Amendment Defense to the Application of Section 280E

Jennifer Benda, a Partner in Fox’s Denver, CO office, is an experienced tax attorney who handles tax controversy and income tax planning and compliance matters. She has significant experience assisting companies in the cannabis industry with tax planning, transactional matters, … Continue reading

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Fifth Circuit Upholds Ruling Against Claim of Employment Discrimination Based on Transgender Status But Leaves the Door Open to Future Argument of the Issue

Fifth Circuit Court of Appeals In an opinion issued yesterday in Wittmer v. Phillips 66 Company, the Fifth Court of Appeals affirmed the granting of summary judgment in favor of Phillips 66 on a claim of employment discrimination based on transgender status.  The Court … Continue reading

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Fifth Circuit Finds Law Firm was not Regularly Engaged in Consumer Debt Collection

In Reyes v. Steeg Law, LLC, 2019 WL 258068, (5th Cir. Jan. 17, 2019), the Fifth Circuit considered whether a law firm was a debt collector under the FDCPA. Under the FDCPA, attorneys qualify as debt collectors when they regularly … Continue reading

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