The U.S. Court of Appeals for the 5th Circuit adopted a change to its rules in October. The approved amendment is as follows: FIFTH CIRCUIT RULE 27.3 27.3 Emergency Motions and Urgent Filings Requiring Action by a Date Certain in Cases Other Than Capital Cases. 27.3.2 Urgent Filings Requiring Action by a Date Certain. If … Continue Reading
The U.S. Court of Appeals for the 5th Circuit is accepting comments about proposed amendments to 5th Circuit Rule 27.3. Read the full notice, which includes the proposed redline changes, on the court’s website. The court is accepting written comments through October 25, 2024, by email at changes@ca5.uscourts.gov or by mail at: Clerk of Court … Continue Reading
The U.S. Court of Appeals for the 5th Circuit has adopted a change to its rules. The approved amendment is as follows: FIFTH CIRCUIT RULE 35.6 35.6 Determination of Causes En Banc and Composition of En Banc Court. A cause will be heard or reheard en banc when it meets the criteria for en banc … Continue Reading
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 The approved amendment is as follows: FIFTH CIRCUIT RULE 47.5.4 47.5.4 Unpublished Opinions Issued on or After January 1, 1996. Unpublished opinions issued on or after January 1, 1996, are not precedent, except under the doctrine of res … Continue Reading
The U.S. Court of Appeals for the 5th Circuit is accepting comments about proposed amendments to 5th Circuit Rule 47.5.4. Read the full notice, which includes the proposed redline changes, on the court’s website. The court is accepting written comments through October 21 by email at changes@ca5.uscourts.gov or by mail at: Clerk of Court U.S. … Continue Reading
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
Plaintiffs’ attorneys in the McDonald mandatory bar challenge filed a petition for a writ of certiorari with the U.S. Supreme Court on November 24, which was docketed on November 30 (McDonald v. Firth (No. 21-800)). In September, the State Bar Board of Directors approved changes to bar rules and policies to comply with the U.S. 5th … Continue Reading
The U.S. Court of Appeals for the 5th Circuit is accepting comments about proposed amendments to 5th Circuit Procedures 6, 8, 11, 15, 18, 19, and 20. Read the full notice, which includes the proposed redline changes, on the court’s website.… Continue Reading
The U.S. Court of Appeals for the 5th Circuit is accepting comments about a proposed amendment to circuit rule 35.5. Read the full notice, which includes the proposed redline changes, on the court’s website. The court is accepting written comments through March 9 by email at Changes@ca5.uscourts.gov or by mail at: Clerk of Court U.S. … Continue Reading
Texas Supreme Court Justice Don Willett was sworn in to the 5th U.S. Circuit Court of Appeals today at the Texas Supreme Court in Austin. James Davis Blacklock, Willett’s replacement on the Supreme Court, was also sworn in. Willett, who was nominated to the 5th U.S. Circuit Court of Appeals by President Donald J. Trump … Continue Reading
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
The U.S. Court of Appeals for the 5th Circuit adopted a change to its rules this month. The amendment is as follows: FIFTH CIRCUIT RULE 32.4 5th Cir. R. 32.4 Motion for Extra-Length Briefs. A motion to file a brief in excess of the page length or word volume limitations must be filed at least … Continue Reading
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
The United States Court of Appeals for the 5th Circuit is accepting comments about proposed amendments to circuit rules 26, 28, 29, 31, and 32. Read the full notice, which includes the proposed redline changes, on the court’s website. The court is accepting written comments through November 15 by email at Changes@ca5.uscourts.gov or by mail … Continue Reading
The U.S. Court of Appeals for the Fifth Circuit adopted a change to its rules this week. The amendment is as follows: FIFTH CIRCUIT RULE 27.1.20 27.1.20 To rule on an unopposed motion by the government or a defendant in a direct criminal appeal to gain access to matters sealed in the case and for … Continue Reading
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