Tag Archives: FIFTH

New Cert Petition: Fifth Amendment Requires California To Spread The Cost Of Wildfire Inverse Condemnations To Ratepayers

Remember that Christopher Nolan movie from a few years ago, "Inception," with its dream-within-a-dream storyline? Well, that's what a recently-filed cert petition which asks the U.S. Supreme Court to jump into California's inverse-condemnation-liability-for-wildfires issue reminds us of with its taking-within-a-taking … Continue reading

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Fifth Circuit Affirms Exclusion of Offshore Employee’s Drug Test Evidence and Substantial Jury Award

In a recent admiralty and maritime case, Hale v. Wood Grp. PSN, Inc., No. 18-31090, 2019 WL 1773276, at *2 (5th Cir. Apr. 22, 2019), the Fifth Circuit affirmed the exclusion of a drug test as evidence pertaining to Plaintiff, … Continue reading

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Seventh Circuit finds Indiana approach to revoking good-time credits in sex offender program violates Fifth Amendment right against compelled self‐incrimination

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Fifth Circuit – Copyright Law – Default Judgment For Failure To Comply With Local Rules/Delay Upheld

Bulletlink.comIn  Sindhi v. Raina, 905 F.3d 327 (5th Cir. 2018): the Fifth Circuit affirmed a trial court's refusal to vacate a default judgment in a copyright infringement action.  The action was commenced in Texas against an Indian national residing in India for … Continue reading

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Fifth Circuit Rule for Plaintiff in Free Speech Challenge to Sheriff Office Facebook Page

Steven D. Schwinn, John Marshall Law School The Fifth Circuit ruled earlier this week that a sheriff office's official Facebook page was a public forum; that the office's posting rules were based on the viewpoint of the poster, in violation… … Continue reading

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