Category Archives: Fifth Circuit Court of Appeals

Fifth Circuit Reverses Contempt Finding Against Attorney

Posted on February 10, 2015 by Steven Callahan

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 →

Posted in Fifth Circuit Court of Appeals | Comments Off on Fifth Circuit Reverses Contempt Finding Against Attorney

Fifth Circuit Appellate Rule Change

Posted on December 15, 2013 by Steven Callahan

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.

Posted in Fifth Circuit Court of Appeals | Comments Off on Fifth Circuit Appellate Rule Change

Fifth Circuit Issues Venue Decision in In re Radmax

Posted on September 22, 2013 by Steven Callahan

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 →

Posted in Fifth Circuit Court of Appeals | Comments Off on Fifth Circuit Issues Venue Decision in In re Radmax

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

Posted on August 11, 2013 by Steven Callahan

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 →

Posted in Fifth Circuit Court of Appeals | Comments Off on 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

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

Posted on August 4, 2013 by Steven Callahan

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 →

Posted in Fifth Circuit Court of Appeals, Judge Lynn | Comments Off on Judge Lynn’s Donald Hill Decision Upheld By Fifth Circuit Court of Appeals

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

Posted on July 31, 2013 by Steven Callahan

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 →

Posted in Fifth Circuit Court of Appeals, Judge Boyle | Comments Off on Fifth Circuit Upholds Judge Boyle’s Invalidation of Farmers Branch’s Ordinance Prohibiting Illegal Immigrants From Renting Housing

Fifth Circuit Rejects NRA’s Challenge To Federal Law Banning Sale Of Handguns By Federal Dealers To 18-21 Year Olds

Posted on November 11, 2012 by Steven Callahan

On October 25, 2012, the Fifth Circuit upheld Judge Cummings’ decision that rejected the National Rifle Association’s attempt to invalidate the federal law that bans the sale of handguns by federal dealers to 18-21 year olds. A copy of the … Continue reading →

Posted in Fifth Circuit Court of Appeals, Judge Cummings (Ret.) | Comments Off on Fifth Circuit Rejects NRA’s Challenge To Federal Law Banning Sale Of Handguns By Federal Dealers To 18-21 Year Olds

Fifth Circuit Issues Important Copyright Preemption Ruling

Posted on August 31, 2012 by Steven Callahan

As first reported by David Coale, over at www.600camp.com, the Fifth Circuit recently issued an important decision involving copyright preemption in Globeranger Corp. v. Software AG (decision available here). In Globeranger, the plaintiff sued the defendants in Texas state court, … Continue reading →

Posted in Fifth Circuit Court of Appeals, Judge Boyle | Comments Off on Fifth Circuit Issues Important Copyright Preemption Ruling

Judge Boyle’s Statute of Limitations Ruling Against SEC Upheld By Fifth Circuit

Posted on August 9, 2012 by Steven Callahan

On August 7, 2012, the Fifth Circuit issued its decision (available here) in SEC v. Bartek. The SEC had filed a lawsuit against Douglas Bartek and Nancy Richardson (“defendants”), who were the CEO and CFO of Microtune, respectively, for alleged … Continue reading →

Posted in Fifth Circuit Court of Appeals, Judge Boyle | Comments Off on Judge Boyle’s Statute of Limitations Ruling Against SEC Upheld By Fifth Circuit

Patent Infringement Litigation: Can You Keep A Case In The Eastern District of Texas?

Posted on July 8, 2012 by Steven Callahan

In the old days, once you rounded up patent infringers, you could (in nearly all cases) file a lawsuit in the Eastern District of Texas without much fear that it would be transferred out of the District.  After all, cases … Continue reading →

Posted in Developing Law, Federal Circuit Court of Appeals, Fifth Circuit Court of Appeals, Judge Fitzwater, Judge Lynn, Judge O'Connor, Non-N.D. Tex. Notable Decisions, Northern District Practice Tips | Comments Off on Patent Infringement Litigation: Can You Keep A Case In The Eastern District of Texas?