Category Archives: Fifth Circuit Court of Appeals

AAA Teaches Disgruntled Arbitration Claimant How To Litigate Like A Boss

One might think that a non-profit like the American Arbitration Association (AAA), which spends the vast majority of its time administering arbitrations, might not know too much about litigation. But the Fifth Circuit’s April 7, 2020 decision (available here) in … Continue reading

Posted in Fifth Circuit Court of Appeals | Comments Off on AAA Teaches Disgruntled Arbitration Claimant How To Litigate Like A Boss

No, You Can’t Join Your Own IPR

On March 18, 2020, the Federal Circuit issued its decision in Facebook, Inc. v. Windy City Innovations, LLC (available here). At issue was whether Facebook could join its own IPR after the 1-year bar date. The Federal Circuit held that … Continue reading

Posted in Fifth Circuit Court of Appeals | Comments Off on No, You Can’t Join Your Own IPR

Fifth Circuit Concludes A Copyright Plaintiff’s Unreasonable Failure To Prevent Copyright Infringement Cannot Be A Complete Defense To Statutory Damages Under The Copyright Act

On January 15, 2020, the Fifth Circuit issued its decision in Energy Intelligence Group, Inc. v. Kayne Anderson Capital Advisors (available here). In the case, the defendant infringed the plaintiff’s copyrights by improperly forwarding certainly daily newsletters to others outside … Continue reading

Posted in Fifth Circuit Court of Appeals | Comments Off on Fifth Circuit Concludes A Copyright Plaintiff’s Unreasonable Failure To Prevent Copyright Infringement Cannot Be A Complete Defense To Statutory Damages Under The Copyright Act

Check Your Junk Mail

A lot of things in the practice of law are fixable. Miss responding to requests for production or interrogatories by a couple of days? Not good, but in the end, probably no big deal. But miss filing a notice of … Continue reading

Posted in Fifth Circuit Court of Appeals, Practice Tips | Comments Off on Check Your Junk Mail

Fifth Circuit Reminds Litigants: Where A Witness Is Available, The Witness Must Testify At Trial Live (Not By Deposition)

On January 11, 2019, the Fifth Circuit issued a decision (available here) in Swearingen v. Gillar Home Heath Care. The Fifth Circuit found that the district court abused its discretion when it permitted a key witness to testify by deposition—rather … Continue reading

Posted in Fifth Circuit Court of Appeals, Practice Tips | Comments Off on Fifth Circuit Reminds Litigants: Where A Witness Is Available, The Witness Must Testify At Trial Live (Not By Deposition)

Be Careful Of What You Wish For, You Just Might Get It

Wouldn’t it be great in a products liability case if you could link your defendant to Saddam Hussein, or introduce evidence that the defendant maintains a racially hostile workplace? Not so much, says the Fifth Circuit. On April 25, 2018, … Continue reading

Posted in Fifth Circuit Court of Appeals | Comments Off on Be Careful Of What You Wish For, You Just Might Get It

Lesson From The Fifth Circuit – Don’t Wait To Spring Your Best Evidence On Your Opponent At A Deposition

On December 12, 2016, the Fifth Circuit Court of Appeals upheld a district-court decision sanctioning two attorneys ($1,000 each) for “certifying that their clients’ initial disclosures under Federal Rule of Civil Procedure 26(a)(1) were complete and correct even though the … Continue reading

Posted in Fifth Circuit Court of Appeals, Practice Tips, Sanctions | Comments Off on Lesson From The Fifth Circuit – Don’t Wait To Spring Your Best Evidence On Your Opponent At A Deposition

Fifth Circuit Upholds Judge Lynn’s Decision Finding That Second Amendment Does Not Protect Machineguns

On June 30, 2016, the Fifth Circuit issued its decision in Hollis v. Lynch (available here). The Fifth Circuit upheld Judge Lynn’s decision holding that machineguns are not protected by the Second Amendment. Notably, the Court found that “[t]he Second … Continue reading

Posted in Fifth Circuit Court of Appeals, Judge Lynn | Comments Off on Fifth Circuit Upholds Judge Lynn’s Decision Finding That Second Amendment Does Not Protect Machineguns

Judiciary Appreciation Luncheon (June 19, 2015)

The Northern District of Texas has sent the following announcement regarding a free CLE event on Friday, June 19, 2015: All attorneys and support staff are cordially invited to attend the annual Judiciary Appreciation Luncheon, which is sponsored by the … Continue reading

Posted in Fifth Circuit Court of Appeals, N.D. Tex. News | Comments Off on Judiciary Appreciation Luncheon (June 19, 2015)

Fifth Circuit Reverses N.D. Tex. Decision Vacating Arbitration Award in BNSF Railway Case

In BNSF Railway v. Alstom Transportation (decision available here), the Fifth Circuit reversed a decision from the Northern District of Texas in a case involving an arbitration panel’s decision. The district court had partially vacated the panel’s final award. The Fifth … Continue reading

Posted in Fifth Circuit Court of Appeals | Comments Off on Fifth Circuit Reverses N.D. Tex. Decision Vacating Arbitration Award in BNSF Railway Case