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McGuireWoods LLP | USA | 30 May 2023
Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis
The issue of whether the “standing approach” or “class certification approach” is applicable continues to remain an open issue in the Fifth Circuit…
Crowell & Moring LLP | USA | 19 May 2023
Fifth Circuit Finds That the DOL’s “Continuous 30-Minute” Rule for Tipped Employees Will Cause Employers Irreparable Harm
On Friday, April 28, 2023, the Fifth Circuit in Rest. Law Center v. United States Department of Labor, No. 22-50145, 2023 WL 3139900 (5th Cir. Apr…
Hunton Andrews Kurth LLP | USA | 18 May 2023
Fifth Circuit Holds Buyer Entitled to Exercise Contractual Economic Leverage Without Impairing Good Faith Purchaser Status
On April 17, 2023, the Fifth Circuit issued an opinion holding that a senior lender who uses economic leverage and exercises its statutory and…
Jones Day | USA | 16 May 2023
Fifth Circuit Dismisses States' Challenge to President Biden's Executive Order 13990 on the Social Cost of Greenhouse Gases
On April 5, 2023, the Fifth Circuit Court of Appeals, in Louisiana v. Biden, 64 F.4th 674 (5th Cir. 2023), dismissed a lawsuit brought by 10 state…
Orrick, Herrington & Sutcliffe LLP | USA | 12 May 2023
CFPB brief defends funding structure
On May 8, petitioner CFPB filed its brief with the U.S. Supreme Court, criticizing the U.S. Court of Appeals for the Fifth Circuit’s decision in…
Seyfarth Shaw LLP | USA | 11 May 2023
Hospital’s Most-Qualified Applicant Policy Hangs in the Balance in Wake of EEOC Appeal of ADA Mandatory Reassignment Claim, Fifth Circuit Says
Hospitals spend copious amounts of time developing hiring systems to ensure that the most-qualified applicants are selected for jobs in the…
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 10 May 2023
Fifth Circuit Upholds “Discovery Rule” in Affirming Victory for Photographer in Copyright Suit
Under the Copyright Act of 1976, a civil action for copyright infringement must be "commenced within three years after the claim accrued." 17 U.S.C…
Orrick, Herrington & Sutcliffe LLP | USA | 28 Apr 2023
Texas bankers seek to invalidate CFPB’s small business lending rule
On April 26, plaintiffs, including a Texas banking association, sued the CFPB, challenging the agency’s final rule on the collection of small…
Knobbe Martens | USA | 28 Apr 2023
Supreme Court issues stay in Mifepristone case, preserving Status Quo for now
On April 21, 2023, the Supreme Court granted a stay in Alliance for Hippocratic Medicine v. FDA, a case concerning the Food and Drug Administration’s…
Littler Mendelson PC | USA | 28 Apr 2023
Legal Challenge to FLSA 80/20 Rule Returns to Texas Court
On April 28, 2023, the U.S. Court of Appeals for the Fifth Circuit ordered a Texas court to further consider a legal challenge to the United States…
