If you enjoyed my article in the Cornell Law Review Online earlier this year about the party-presentation principle, hopefully you will also enjoy a new article of mine in the Texas Law Review...
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Dwyer v. United Healthcare Ins. Co. , No. 23-50439 (Sept. 19, 2024), vitalizes the technical and often defense-favoring framework of ERISA benefits litigation, challenging virtually all material ...
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Unsurprisingly, given all three judges’ discomfort with the Fifth Circuit precedent that dictated the panel holding in Abraham Watkins v. Festeryga , that case will be considered by the en ban...
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In TIG Ins. Co. v. Woodsboro Farmers Coop. , the Fifth Circuit identified fact issues that precluded summary judgment in an insurance-coverage case. A key is whether damage to certain grain si...
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In Favre v. Sharpe , a Hall of Fame NFL player contended that another Hall of Fame player defamed him during a TV broadcast. The Fifth Circuit affirmed the dismissal of the defamation claim, reas...
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An old adage cautions that “house guests, like fish, begin to smell after too long.” So too with exotic arugments about jury-trial rights, fueled by the Supreme Court’s vindication of such...
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In Keck v. Mix Creative Learning Center, LLC , the Fifth Circuit affirmed summary judgment for art studio that used the plaintiff’s copyrighted artworks (image of dogs) in online art kits for c...
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Nat’l Infusion Center Ass’n v. Becerra returns to the issue of standing in administrative law cases–a topic where the Fifth Circuit has had an unfortunate track record before the Supreme...
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Fittingly for a Friday, 600Camp celebrates its thirteenth anniversary of reasonably faithful reporting, comment, analysis, and meme-making about business-related cases in the U.S. Court of Appe...
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Occidental Petroleum Corp. v. Wells Fargo Bank, N.A. presents an Erie case, governed by Texas substantive law, as to whether the parties formed a contract. No. 23-20318 (Sept. 18, 2024). The...
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In Century Surety Co. v. Colgate Operating, LLC : The parties’ contract required Colgate (an oil well operator) and Triangle (a consultant) “to purchase indemnity insurance with limits the l...
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28 U.S.C. § 1782 allows foreign parties to petition U.S. federal courts for assistance with discovery. When a district court rules on such an application, the Fifth Circuit expects an explanatoi...
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In Tesla, Inc. v. Louisiana Automobile Dealers Assoc. , the Fifth Circuit addressed Tesla’s challenges to Louisiana’s automobile dealership regulations, which prohibit manufacturers from sel...
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In Reule v. Jackson , the Fifth Circuit affirmed that a plaintiff lacks standing to challenge procedural rules, when those rules apply to meaningless substantive activity. A group of plaintiffs,...
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Shinsho Am. Corp. v. TransPecos Banks, SSB concluded that TransPecos Banks authorized HyQuality to sell its inventory, including the steel at issue, free of TransPecos’s security interest as ...
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In Arms of Hope v. City of Mansfield , the Fifth Circuit examined when a case becomes moot during an interlocutory appeal. The Court distinguished between the mootness of the entire case, on the ...
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In Kansas City So. Rwy. Co. v. Sasol Chemicals (USA), LLC , the Fifth Circuit addressed whether “track” in a lease agreement included the track that forms part of the switches. The distric...
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The great Sherlock Holmes story The Hound of the Baskerviles took place on the English moor. The Fifth Circuit case of Diamond Services Corp. v. RLB Contracting, Inc. , No. 23-40137 (Aug. 16, 2...
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Restaurant Law Center v. U.S. Dep’t of Labor presents a case study in review of an agency regulation after Loper-Bright: 29 U.S.C. § 203(t) says, in relevant part, that a “tipped employee...
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In Mission Pharmacal Co. v. Molecular Biologicals, Inc. , the Fifth Circuit reversed the district court’s conclusion that a contract was “unambiguously silent” about certain reimbursements...
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