David Coale

Flying Pig Spotted: Fifth Circuit Grants Mandamus Relief in Privilege Dispute

The U.S. Court of Appeals for the Fifth Circuit is famously reluctant to grant a mandamus petition. The court recently invoked authority from 1881 as the reason for denial. But last week, a Fifth Circuit panel in a case that received little attention granted mandamus relief as to a finding of an extensive waiver of attorney-client privilege. This Texas Lawbook article explains the case and why it matters.

February 26, 2018 David Coale

Fifth Circuit Analysis: In Arbitration, What are ‘Actions Seeking Injunctive Relief?’

Arbitration agreements often have carveouts for types of litigation, such as emergency injunction applications to protect intellectual property. Drafted cleanly, such a provision can save valuable time and resources. Drafted loosely, it can cause procedural delay and uncertainty about the proper place to resolve a dispute. The Fifth Circuit has some suggestions.

January 7, 2018 David Coale