Federal Civil Update

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

The following are summaries of opinions issued by the Fifth Circuit in January 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. TRADEMARK: Antique Rolex watches with added diamonds, modified bezels, or replaced bands did not qualify for refurbishment exception to trademark infringement. Rolex Watch USA, Inc. v. BeckerTime, L.L.C., No. 22-10866, 2024

The following are summaries of opinions issued by the Fifth Circuit in October 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. FIRST AMENDMENT: All State Bar speech supported by mandatory dues must be directly related to regulating the legal profession or improving the quality of legal services. Boudreaux v. La. State Bar

Jason LaFond is an Austin-based appellate litigator with significant experience before the Fifth Circuit. He is a Senior Counsel at Yetter Coleman, LLP. The following are summaries of opinions issued by the Fifth Circuit in October 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. TAX INJUNCTION ACT: Act did not preclude residents