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5th Circuit set to hear arguments Feb. 5 at Tulane Law

February 03, 2015

A three-judge panel of 5th U.S. Circuit Court of Appeals is scheduled to hear arguments in three cases Feb. 5 at Tulane Law School.

The issues include the regulation of nursing homes and whether the Texas Education Agency must ensure that its contractors comply with the Americans with Disabilities Act.

The session, which is open to the public, will be held in the Wendell H. Gauthier Appellate Moot Court Room 110 in John Giffen Weinmann Hall, 6329 Freret St. in New Orleans.

Doors open at 8:15 a.m., with seating on a first-come, first-served basis. Once the arguments start at 9 a.m., entry/exit will be allowed only between cases. Each argument is expected to last about 40 minutes. According to court rules, no cell phones, cameras, recording devices or book bags are allowed.

The panel, which includes two Tulane Law graduates, consists of Judges Edith Brown Clement (L ’73), Judge Jacques Wiener (L ’61) and Judge E. Grady Jolly. The court’s rulings will be issued at a later date.

The cases and the key issues are as follows:

No. 14-60158: Perry County Nursing Center v. U.S. Department of Health & Human Services: Did federal and Mississippi agencies overstep their authority in sanctioning a nursing home, or did the facility violate medication regulations? 

No. 14-50037: Donnika Ivy, et al. v. Commissioner Michael Williams: Under federal law, must the Texas Education Agency require driving-training schools to accommodate hearing-impaired youths seeking their first driver’s licenses? 

No. 14-50397: CAP Holdings, Inc., etc. v. Kathleen A. Lorden, et al.: In a dispute over property taxes owed on a tract of land that was foreclosed on, is it an affirmative defense that the statute of limitations has run?

Note: This item was amended to reflect that a fourth case originally scheduled for argument no longer will be heard during this session. 


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