5th Circuit Court of Appeals News

5th Circuit Mulls Vaccine Mandate for US Contractors

A federal appeals court in New Orleans on Monday became the latest to hear arguments on whether President Joe Biden overstepped his authority with an order that federal contractors require that their employees be vaccinated against COVID-19. The contractor mandate …

5th Circuit: Employer Fired for Sleepwalking Loses ADA Case

An employee fired for unsolicitedly sleepwalking into a colleague’s hotel room during an out-of-town conference has no disability discrimination claim, a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled last month. Jennifer Harkey, a sales specialist for …

Fifth Circuit: Insurer Can’t Escape Coverage in Fatal Unloading Accident

An insurer can’t evade its duty to defend a Texas construction company sued over the death of a truck driver on its premises, the U.S. Court of Appeals for the Fifth Circuit ruled in an April 4 decision. Tarango Trucking …

5th Circuit Denies Class Certification in Louisiana GEICO Suit

The United States Court of Appeals for the Fifth Circuit affirmed a district court’s denial of class certification to a group of Louisiana GEICO customers who allege the insurer’s proprietary valuation system violated state law. Plaintiffs Eric Prudhomme and Elvin …

5th Circuit: Texas Carrier Must Defend Against Claim Despite Policy Exclusion

Texas law requires an insurer to defend the grandparents of a 10-year-old boy who was killed while driving their all-terrain vehicle against a negligence lawsuit, even though the carrier says neither the boy nor the crash was covered by its …

Chubb Off the Hook for Legal Fees in Dispute With Mississippi Hospital System

Singing River Health System in Mississippi has lost its case in the 5th Circuit Court of Appeals against an insurance company that has been paying the hospital system’s legal fees in the court battle against its retirees. The Sun Herald …