Posts Tagged ‘5th U.S. Circuit Court of Appeals’

Federal appeals court: State’s abortion law is unconstitutional

JACKSON — A federal appeals court said today that it won’t reconsider its earlier ruling that a 2012 Mississippi abortion law is unconstitutional. The decision means the law remains blocked and Mississippi’s only abortion clinic remains open. The law required abortion doctors to obtain admitting privileges at nearby hospitals. The clinic, Jackson Women’s Health Organization, […] [...]

BP appealing to have oil spill settlement administrator removed

NEW ORLEANS — BP is heading to a federal appeals court in its effort to oust the administrator of damage settlement claims arising from the 2010 Gulf of Mexico oil spill. The company filed notice yesterday that it plans to file with the 5th U.S. Circuit Court of Appeals in New Orleans. BP has long […] [...]

Supreme Court reinstates wrongful termination lawsuit

SHELBY — The U.S. Supreme Court has reinstated a wrongful termination lawsuit filed by two Shelby, Mississippi, police officers who said they were fired for refusing to ignore an alderman’s criminal activity. The ruling overturned a decision of the 5th U.S. Circuit Court of Appeals in New Orleans, which sided with the town of Shelby […] [...]

Ex-school superintendent wants restitution payment reviewed

GREENVILLE — A federal appeals court has been asked by a former Mississippi school superintendent to review a requirement that he make a $75,000 lump sum restitution payment in a bribery case. Former Greenville schools superintendent Harvey Franklin is serving a 76-month sentence for taking more than $270,000 in bribes to influence the school board […] [...]

Woman loses appeal of embezzlement/wire fraud conviction

OXFORD — A federal appeals panel has upheld the eight-year sentence given a Mississippi woman for embezzlement by wire fraud from companies based in Tennessee and Oklahoma. Kimberly Cray Burk also was ordered last year to pay $1.4 million restitution to Mid-South Maintenance Inc. of Memphis, Tennessee, and two Oklahoma companies run by its president […] [...]

Lightning strike forces delay in abortion clinic hearing

JACKSON — Saying a Sunday lightning strike disabled its lawyers’ computers, the state of Mississippi requested and was granted an extra day to ask the full 5th U.S. Circuit Court of Appeals to reconsider a decision that struck down a law that would have closed Mississippi’s only abortion clinic. A court clerk approved the extension […] [...]

BP wants Supreme Court to toss part of oil spill settlement plan

NEW ORLEANS — BP PLC has asked the U.S. Supreme Court to throw out part of its settlement of claims for damage from its enormous oil spill in 2010 — a section saying businesses don’t have to prove that the spill directly harmed them to be eligible for payment, only that they lost money afterward […] [...]

State appeals campaign finance law ruling

OXFORD — The state of Mississippi is asking a federal appeals court to overturn a lower court ruling that part of its campaign finance law creates an unconstitutional burden for people or groups that spend at least $200 to support or oppose a ballot initiative. The case will be argued Sept. 3 before the 5th […] [...]

Court of Appeals blocks provision in new state abortion law

JACKSON — Mississippi’s governor and attorney general will have to decide whether to challenge a federal appeals court ruling that is keeping the state’s only abortion clinic in business. A panel of the 5th U.S. Circuit Court of Appeals voted 2-1 yesterday to block a 2012 Mississippi law that requires abortion doctors to obtain admitting […] [...]

Chinese drywall manufacturer fined, banned from doing business in U.S.

NEW ORLEANS — A federal judge has ordered a China-based maker of drywall to pay $55,000 in penalties and attorney fees — and to stop doing business in the United States — as punishment for refusing to take part in court proceedings over harm allegedly done by the product. U.S. District Judge Eldon Fallon found […] [...]

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