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 …
The following are summaries of opinions issued by the Fifth Circuit in September 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. MAGISTRATE JUDGE REFERRALS: Undisclosed relationship between magistrate judge and plaintiff’s lead counsel may vitiate defendant’s consent to trial before the magistrate. IFG Port Holdings, LLC v. Lake Charles Harbor & Terminal …
The following are summaries of opinions issued by the Fifth Circuit in August 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Petitioners did not need to be “aggrieved parties” to challenge grant of license as ultra vires; Nuclear Regulatory Commission lacked authority to license private storage of nuclear waste. Texas v. …