Archives: Fifth Circuit Court of Appeals

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Fifth Circuit adopts rule change

The U.S. Court of Appeals for the 5th Circuit adopted a change to its rules in November. The approved amendment is as follows: FIFTH CIRCUIT RULE 47.5.4  47.5.4 Unpublished Opinions Issued on or After January 1, 1996. Unpublished opinions issued on or after January 1, 1996, are not precedent, except under the doctrine of res … Continue Reading

Final judgment issued in McDonald mandatory bar challenge

U.S. District Court Judge Lee Yeakel has issued a final judgment in the McDonald lawsuit challenging the mandatory bar. In September, the State Bar of Texas Board of Directors approved changes to bar rules and policies following a U.S. Fifth Circuit Court of Appeals panel opinion in the case. The final judgment enjoins the State … Continue Reading

Texas attorneys nominated to U.S. 5th Circuit Court of Appeals

Texas Supreme Court Justice Don Willett and attorney James C. Ho were nominated to the U.S. 5th Circuit Court of Appeals today by President Donald J. Trump. Willett was appointed to the Texas Supreme Court in 2005 by then-Gov. Rick Perry. Willett replaced former Justice Priscilla Owen, who had been nominated for the 5th Circuit … Continue Reading

Fifth Circuit seeks input on proposed rule change

The United States Court of Appeals for the 5th Circuit is accepting comments about a proposed amendment to Circuit Rule 32.4 concerning extra-length briefs. After receiving public comments following recent amendments to the Federal Rules for Appellate Procedure involving word-count limits, the court decided not to opt out but to propose an amendment to Rule … Continue Reading

No class certification about alleged pyramid scheme

The plaintiffs in Torres v. S.G.E. Management, No. 14-20128 (Oct. 16, 2015), alleged that they were victims of an alleged pyramid scheme about a multi-level marketing program to sell electricity. The district court certified a class, acknowledging that the plaintiffs could not show a common misrepresentation, but concluding that they could show a common failure to disclose … Continue Reading