Search results
Results from the WOW.Com Content Network
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 Fifth Circuit gained appellate jurisdiction over the United States District Court for the Canal Zone. On October 1, 1981, under Pub. L. 96–452, the Fifth Circuit was split: Alabama, Georgia, and Florida were moved to the new Eleventh Circuit. On March 31, 1982, the Fifth Circuit lost jurisdiction over the Panama Canal Zone, which was ...
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.
U.S. Circuit Judge William Kayatta, writing for the majority, said a trial judge's earlier investigation into Tsarnaev's plausible claims of juror bias "fell short of what was constitutionally ...
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]
A unanimous panel of the 5th U.S. Circuit Court of Appeals agreed with a group of Christian businesses suing to challenge the mandate that claimed that the way services were chosen for coverage ...
The Supreme Court initially declined to decide the question, but the 5th Circuit ruling against the government prompted an appeal from the Biden administration.
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 ]