Latest news with #FifthCircuit
Yahoo
a day ago
- General
- Yahoo
Jackson, Sotomayor dissent as Supreme Court turns away Black dancer's discrimination appeal
The Supreme Court on Monday turned away a Black dancer's appeal in her discrimination lawsuit against several Houston clubs, drawing dissent from two of the high court's liberal justices. Chanel Nicholson filed suit against the clubs in August 2021, claiming they maintained a policy that limited the number of Black dancers who could work the same shift, in violation of federal law prohibiting racial discrimination in making and enforcing contracts. Nicholson said she was denied work repeatedly due to the quota, including in 2014, 2017 and 2021. However, her case was dismissed by a district court that concluded the applicable statute of limitations clock began ticking in 2014; the U.S. Court of Appeals for the 5th Circuit affirmed the decision. She asked the justices to decide when the statute of limitations starts to run in a claim of 'pattern or practice' of racial discrimination. They declined to hear her case. But Justice Ketanji Brown Jackson wrote in a dissenting opinion, joined by Justice Sonia Sotomayor, that their fellow justices got it wrong by refusing to consider Nicholson's appeal. The appeals court panel determined the more recent discriminatory acts against Nicholson were the 'continued effects' of past race-based exclusion and, thus, not actionable on their own — a holding Jackson said 'flouts this Court's clear precedents.' 'We have long held that '[e]ach discrete discriminatory act starts a new clock for filing charges alleging that act,' regardless of whether similar instances of discrimination have occurred in the past,' she wrote. 'Because the Fifth Circuit's contrary ruling was patently erroneous, this Court should have granted Nicholson's petition and summarily reversed the judgment.' Jackson homed in on two instances where Nicholson was turned away: in November 2017 and August 2021. Nicholson said a manager at one club, Cover Girls, told her she could not perform in November 2017 because there were already 'too many Black girls' in the club. She took a hiatus from dancing from 2018-21, but maintained her license and access agreements. Then, in August 2021, she attempted to return to performing at a club called Splendor — but a manager told her the club was 'not taking any more Black girls.' The alleged instances of discriminatory treatment violated her contractual right to 'se[t] her own schedule' and 'arrive and leave the premises at any time without penalty,' according to the dancer. Jackson argued that both alleged 'discrete' instances of discrimination occurred within the four-year period before Nicholson filed suit in August 2021. She called the 5th Circuit's analysis of the statute of limitations 'patently erroneous.' 'To conclude that Nicholson's claims are time barred because there were earlier instances of discriminatory treatment, as the Fifth Circuit did, impermissibly inoculates the clubs' more recent discriminatory conduct,' Jackson wrote. 'If sustained discriminatory motivation is all that is required to transform recent, racially discriminatory acts into the 'continued effects' of earlier discriminatory conduct, then past discrimination could inexplicably prevent recovery for later, similarly unlawful conduct,' she said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
a day ago
- Business
- Yahoo
Fiction On The Bench? Dallas Judge Jernigan Is Turning Pages
A Texas bankruptcy courtroom may have become the setting for one of the most controversial legal dramas in the Lone Star State's history. A drama is so rich that it might even be considered a good enough plot for a fiction novel, so much so that a presiding judge may have allegedly written a fiction book based on what was going down in her courtroom. Chief Bankruptcy Judge Stacey Jernigan, who presided over the recent billion-dollar dismantling of Dallas-based Highland Capital Management, per is now under fire for writing a collection of fiction books that critics say mirror the real-life case she oversaw as a judge. Highland Capital's founder, James Dondero, accused Jernigan of bias, abuse of authority, and rubber-stamping massive legal fees, all while releasing novels that suspiciously resembled the proceedings she oversaw. The Fifth Circuit recently rejected Dondero's attempt to force Jernigan's recusal but noted a 'strong argument could be made' that she should have stepped aside. According to the Wall Street Journal, the Fifth Circuit ruled that Judge Jernigan did not need to recuse herself from the case despite the extremely transparent similarities between her novels and the proceedings she oversaw as a judge. Jernigan's books feature fictional hedge fund characters whose exploits echo the drama surrounding Highland's recent viral cases. Some critics claim that these books reveal insider knowledge and hostility toward the financial world she directly oversaw as a judge. In a previous report by the ABA Journal, a legal team highlighted similarities between the fictional characters and real-life individuals involved in the case that Jernigan was so keen to write and profit from. Meanwhile, the real-life bankruptcy cases have drawn many scrutinous eyes, not just from the readers about the outcomes but also from those critical of Jernigan. Legal fees reportedly topped $250 million during the Highland Capital Management bankruptcy proceedings, with one law firm partner earning nearly $30 million annually, according to Above the Law. Meanwhile, per Scribd, no bonuses were paid to rank-and-file employees. Despite the court's refusal to intervene, legal observers say the Fifth Circuit's language could fuel ethics complaints or even congressional probes. As The Dallas Express investigates, one thing is clear: the bankruptcy under Jernigan may be more than a financial meltdown; it might be a cautionary tale about judicial accountability and someone seeking creative clout over their duty. Stay tuned for another DX deep dive into the $250 million legal fees, alleged Russian ties, and what really happened inside Jernigan's courtroom (or novel pitches). As of the time of publication, Jernigan's team has not responded to multiple attempts to reach out for a compliment from DX about the encroaching book plots she wrote following the cases she oversaw.
The Hill
a day ago
- Politics
- The Hill
Jackson, Sotomayor dissent as Supreme Court turns away Black dancer's discrimination appeal
The Supreme Court on Monday turned away a Black dancer's appeal in her discrimination lawsuit against several Houston clubs, drawing dissent from two of the high court's liberal justices. Chanel Nicholson filed suit against the clubs in August 2021, claiming they maintained a racist policy which limited the number of Black dancers who could work the same shift, in violation of federal law prohibiting racial discrimination in making and enforcing contracts. Nicholson said she was denied work repeatedly over the quota, including in 2014, 2017 and 2021. However, her case was dismissed by a district court that concluded the applicable statute of limitations clock began ticking in 2014; the U.S. Court of Appeals for the Fifth Circuit affirmed the decision. She asked the justices to decide when the statute of limitations starts to run in a claim of 'pattern or practice' of racial discrimination. They declined to hear her case. But Justice Ketanji Brown Jackson wrote in a dissenting opinion, joined by Justice Sonia Sotomayor, that their fellow justices got it wrong by refusing to consider Nicholson's appeal. The appeals court panel determined that the more recent discriminatory acts against Nicholson were the 'continued effects' of past race-based exclusion and, thus, not actionable on their own — a holding Jackson said 'flouts this Court's clear precedents.' 'We have long held that '[e]ach discrete discriminatory act starts a new clock for filing charges alleging that act,' regardless of whether similar instances of discrimination have occurred in the past,' she wrote. 'Because the Fifth Circuit's contrary ruling was patently erroneous, this Court should have granted Nicholson's petition and summarily reversed the judgment.' Jackson homed in on two instances where Nicholson was turned away: in November 2017 and August 2021. Nicholson said a manager at one club, Cover Girls, told her she could not perform in November 2017 because there were already 'too many Black girls' in the club. She took a hiatus from dancing between 2018 and 2021, but maintained her license and access agreements. Then, in August 2021, she attempted to return to performing at a club called Splendor — but a manager told her the club was 'not taking any more Black girls.' The alleged instances of discriminatory treatment violated her contractual right to 'se[t] her own schedule' and 'arrive and leave the premises at any time without penalty,' according to the dancer. Jackson argued that both alleged 'discrete' instances of discrimination occurred within the four-year period before Nicholson filed suit in August 2021. She called the 5th Circuit's analysis of the statute of limitations 'patently erroneous.' 'To conclude that Nicholson's claims are time barred because there were earlier instances of discriminatory treatment, as the Fifth Circuit did, impermissibly inoculates the clubs' more recent discriminatory conduct,' Jackson wrote. 'If sustained discriminatory motivation is all that is required to transform recent, racially discriminatory acts into the 'continued effects' of earlier discriminatory conduct, then past discrimination could inexplicably prevent recovery for later, similarly unlawful conduct,' she said.
Wall Street Journal
4 days ago
- General
- Wall Street Journal
No More Library Police in Texas
If a public library culls children's books that have drawn complaints—such as 'Larry the Farting Leprechaun' and 'Being Jazz: My Life as a (Transgender) Teen'—do local fans of Larry and Jazz have a First Amendment case? In a decision last summer, a panel of the Fifth Circuit Court of Appeals welcomed such lawsuits, with two judges volunteering themselves for the job of library police. Good news: The entire Fifth Circuit, sitting en banc, reversed that decision last week. Ten of 17 judges held that a public library's removal of books from circulation doesn't implicate its patrons' 'right to receive information.'
Yahoo
27-05-2025
- General
- Yahoo
Two local court advocacy programs for children are revived with legislative funding
An equal justice statue stands outside the doors of the Minnehaha County Courthouse in Sioux Falls. (Makenzie Huber/South Dakota Searchlight) Three years after lawmakers put $1 million toward advocacy efforts for children in the court system statewide, two revived nonprofits are starting to support children again. Volunteers with local Court Appointed Special Advocates (CASA) programs advocate for children who've been removed from their families and placed in state care due to suspected abuse and neglect. The volunteers meet with the children and other contacts, such as teachers, therapists and caseworkers. They also write reports to judges about the children's needs, strengths and interests. 'This process is crucial as it gives the child a voice in the legal proceedings concerning their welfare,' said CASA state director Sara Kelly in an emailed statement. Over 330 CASA volunteers worked with 658 children in 37 counties last year, according to the state Unified Judicial System. Most of the state's 1,049 active cases involving CASA last year — with or without a volunteer — were in the Sioux Falls and Rapid City areas. This is the first time in 16 years that the state has operated CASA organizations in all of its circuit courts. The Sixth Circuit, in central South Dakota, and the Fifth Circuit, representing northeastern South Dakota, closed in 2009. Federal cut to children's advocacy funding 'abandons American children,' says SD nonprofit leader Gloria Hutson, in Aberdeen, was hired to lead the reestablished Fifth Circuit CASA in November last year. She told the state CASA Commission at its Wednesday meeting that three counties within her 10-county jurisdiction have a high case volume: Brown, Walworth and Spink counties. 'The focus these last six months has been on building a solid, sustainable structure while building deep community roots,' Hutson said. Walworth County has a 'disproportionate' number of cases for its population, and many involve the Indian Child Welfare Act, Hutson said. The federal Indian Child Welfare Act sets minimum standards for efforts to reunite tribal children in the state's custody with their families. Walworth county is adjacent to the Standing Rock and Cheyenne River reservations. As of the end of April, Walworth County had 25 pending cases involving 52 children. Brown County had 32 cases involving 58 children and Spink County had three cases involving three children. Fifty-seven cases were active in the Fifth Circuit last year, and none of the children had CASA representation, according to UJS. Through April this year, the circuit had 61 pending cases involving 117 children, Hutson said. Most of those children still do not have CASA volunteers advocating for them. Fifth Circuit CASA has eight volunteers so far, two of whom are advocating for three children. All the children are younger than 2 years old. Laurie Gill, a former state Department of Social Services secretary who now works with Maxwell Strategy Group, leads CASA for the Sixth Circuit. Gill's firm was hired to lead the nonprofit, and Gill said the contract was renewed recently by the nonprofit's board of directors. Sixth Circuit CASA, which represents 14 counties in central South Dakota, including Hughes County and the state capital city of Pierre, intends to train 10 volunteers this year. The first will be sworn in and assigned cases by June, Gill said. Thirty-nine cases were active in the Sixth Circuit last year. There were 45 pending cases involving 94 children at the end of April, Gill said. Most are in the Pierre/Fort Pierre area. The 2022 funding from the Legislature was a result of lawmakers learning about the holes in South Dakota's CASA coverage, after loosening a requirement to appoint advocates for abused and neglected children in the court system. Lawmakers on the state budget committee approved funding to help restart the two shuttered programs and help existing CASA programs expand. The Fifth and Sixth Circuit organizations have each received $120,000 so far. Another $143,715was awarded to most other CASA programs. The need for volunteers remains one of the biggest challenges for CASA nonprofits across the state, leaders told the commission. Since last year's report, the number of volunteers has dropped from 330 statewide to 318. National CASA guidelines require one staff member to supervise a maximum of 30 volunteers. Each volunteer is assigned one case at a time, typically staying with a case until it's resolved. The Sioux Falls CASA reports 333 children currently on the waiting list to be represented by a volunteer. The Seventh Circuit CASA in Rapid City reports 455 children on its waiting list. The 2022 Legislature appropriated $1 million to the Unified Judicial System to award South Dakota CASA nonprofits with grants to rebuild or expand. About $384,000 – less than 40% of the funds – have been spent so far: $120,000 to the Fifth Circuit CASA in Aberdeen $120,000 to the Sixth Circuit CASA in Pierre $58,400 to the Southeast CASA in Yankton $40,835 to the First Circuit CASA in Mitchell $25,000 to the East Central CASA in Brookings $15,000 to the Sioux Falls Area CASA $2,000 to the Seventh Circuit CASA in Rapid City $2,480.47 in miscellaneous expenses
