Category Archives: Fifth Circuit Court of Appeals

AAA Teaches Disgruntled Arbitration Claimant How To Litigate Like A Boss

Posted on May 14, 2020 by Steven Callahan

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 →

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No, You Can’t Join Your Own IPR

Posted on April 9, 2020 by Steven Callahan

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 →

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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

Posted on February 2, 2020 by Steven Callahan

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 →

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Check Your Junk Mail

Posted on August 4, 2019 by Steven Callahan

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 →

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

Posted on July 21, 2019 by Steven Callahan

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 →

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

Posted on August 2, 2018 by Steven Callahan

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 →

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

Posted on December 17, 2016 by Steven Callahan

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

Posted on August 27, 2016 by Steven Callahan

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)

Posted on June 3, 2015 by Steven Callahan

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

Posted on February 23, 2015 by Steven Callahan

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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