Category Archives: Fifth Circuit Court of Appeals

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

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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

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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

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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

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Fifth Circuit Reverses Contempt Finding Against Attorney

In Waste Management v. Kattler, the Fifth Circuit Court of Appeals reversed the district court’s civil contempt finding against an attorney. Notable aspects of the decision (available here) are that: the contempt finding was vacated on due process grounds because … Continue reading

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Fifth Circuit Appellate Rule Change

Effective December 1, 2013, the Fifth Circuit adopted rule changes, and certain Appellate Rules were amended. This document explains the changes, which relate to, among other things, record citations.

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Fifth Circuit Issues Venue Decision in In re Radmax

On June 18, 2013, the Fifth Circuit issued a venue decision in In re Radmax, 720 F.3d 285 (5th Cir. 2013), which involved an intra-division transfer motion seeking transfer from the Marshall Division of the Eastern District of Texas to … Continue reading

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Fifth Circuit Finds That Court Orders Authorized By Stored Communications Act To Compel Cell Phone Service Providers to Produce Their Subscribers’ Historical Cell Site Information Are Not Per Se Unconstitutional

On July 30, 2013, the Fifth Circuit issued its decision in In re U.S. for Historical Cell Site Data (available here). The Fifth Circuit held that court orders authorized by the Stored Communications Act to compel cell phone service providers … Continue reading

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Judge Lynn’s Donald Hill Decision Upheld By Fifth Circuit Court of Appeals

In 2009, Donald Hill, former Dallas city Council member, was convicted by a federal jury of bribery, extortion, honest services fraud, and conspiracy to launder money, in connection with his tenure as a Dallas City Council member and certain construction … Continue reading

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Fifth Circuit Upholds Judge Boyle’s Invalidation of Farmers Branch’s Ordinance Prohibiting Illegal Immigrants From Renting Housing

On July 22, 2013, the Fifth Circuit released its opinion in Villas at Parkside Partners v. City of Farmers Branch, No. 10–10751, 2013 WL 3791664 (5th Cir. 2013) (en banc). Farmers Branch’s Ordinance was passed by the active citizens of … Continue reading

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