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5th Circuit rules DACA is unlawful, but limits its ruling to Texas. Rebecca Beitsch. January 17, 2025 at 2:50 PM. A federal appeals court Friday upheld a lower court ruling that found protections ...
McKesson v. Doe, 592 U.S. 1 (2020), [1] was a decision by the U.S. Supreme Court that temporarily halted a lawsuit by a police officer against an activist associated with the Black Lives Matter movement and instructed the lower federal court (the Court of Appeals for the Fifth Circuit) to seek clarification of state law from the Louisiana Supreme Court. [2]
On May 16, 2008, the Fifth Circuit Court of Appeals affirmed the district court ruling that Section 230 shielded MySpace from the plaintiffs' claims. [1] The circuit court added that per Green v. America Online, Inc. , Section 230 protects against claims of "failure to protect" the users of an online service. [ 6 ]
Ashcroft v. Iqbal, 556 U.S. 662 (2009), was a United States Supreme Court case which held that plaintiffs must present a "plausible" cause of action. Alongside Bell Atlantic Corp. v. Twombly (and together known as Twiqbal), Iqbal raised the threshold which plaintiffs needed to meet.
(The Center Square) – A panel of three judges on the Fifth U.S. Circuit Court of Appeals ruled in favor of Texas in a lawsuit filed over its concertina wire barriers. The court ruled 2-1 in a ...
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Second, only a complaint that states a plausible claim for relief survives a motion to dismiss. Determining whether a complaint states a plausible claim for relief will, as the Court of Appeals observed, be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.
The U.S. Court of Appeals for the 5th Circuit on Monday blocked new rules implemented by the Department of Education that aimed to make it easier for defrauded borrowers to get access to student ...