The following are summaries of selected civil opinions issued by the Fifth Circuit in January 2025. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. APPELLATE PROCEDURE: 28 U.S.C. § 1292(b) did not permit interlocutory review of pretrial ruling on proper measure… To view the rest of this article, please log into your account if …
The following are summaries of selected civil opinions issued by the Fifth Circuit in November and December 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. COMMERCIAL SPEECH: How to apply the Central Hudson test when an activity is legal under state law b… To view the rest of this article, please log …
The following are summaries of selected civil opinions issued by the Fifth Circuit in October 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. TAX: Ordering taxable articles to be shipped to the United States for resale makes one an “importer” under the Internal Revenue Code. Tex. Truck Parts & Tire, Inc. v. …
The following are summaries of selected civil opinions issued by the Fifth Circuit in September 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Department of Labor’s minimum salary requirement did not exceed its delegated power to interpret the Fair Labor Standards Act’s “White Collar Exemption.” Mayfield v. United States Department …
The following are summaries of selected civil opinions issued by the Fifth Circuit in August 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Federal agency lacked statutory authority to promulgate decisional rules for insurance rate arbitrators. Tex. Med. Ass’n v. U.S. Dep’t of Health & Hum. Servs., 110 F.4th 762 …
The following are summaries of selected civil opinions issued by the Fifth Circuit in June 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. CONTRACTS: Force majeure provision in natural gas supply contract did not require showing that performance is impossible. MIECO, LLC v. Pioneer Nat. Res. USA, 2024 WL 3418718 (5th Cir. …
The following are summaries of selected civil opinions issued by the Fifth Circuit in May 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. JURISDICTION: Upon removal on the basis of improper joinder, plaintiff may clarify allegations to satisfy federal pleading standards; erroneous finding of improper joinder was not cured prior to judgment, …
The following are summaries of selected civil opinions issued by the Fifth Circuit in April 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. PROPERTY DAMAGE: Reasonable juror could conclude that impounded groundwater that escaped and flowed over river onto plaintiff’s property remained “surface water” under Texas statute, and that defendant’s negligence proximately …
The following are summaries of selected civil opinions issued by the Fifth Circuit in March 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. CLASS ACTIONS: Class Action Fairness Act’s local controversy exception to federal jurisdiction requires that all plaintiffs sustain their principal injuries in theforum state and nowhere else. Cheapside Mins., Ltd. …
The following are summaries of opinions issued by the Fifth Circuit in February 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. STATUTE OF LIMITATIONS: Contractual limitations provision barred federal employment discrimination claim. Harris v. FedEx Corp. Servs., Inc., 92 F.4th 286 (5th Cir. 2024). FedEx hired Harris as an account executive in …