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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
Posted in Administrative law
Tagged asks, Circuit, FIFTH, Invalidate, Surprise, turn
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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
Posted in Securities Law
Tagged asked, Duty, ESOP, FIFTH, Revisit, SCOTUS, third, under
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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
Posted in Business law
Tagged 280E, amendment, Application, Circuit, defense, FIFTH, Section, Tenth
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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
Posted in Employment and Labour Law
Tagged against, Argument, Based, Circuit, claim, Discrimination, door, Employment, FIFTH, Future, issue, leaves, open, ruling, Status, Transgender, Upholds
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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
Posted in Banking and Finance law
Tagged Circuit, Collection, Consumer, debt, Engaged, FIFTH, finds, Firm, Regularly
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