Free Speech, Due Process and Trial by Jury
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.
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.
The federal appeals court has reversed a $340 million antitrust judgment and placed significant limits on the activity to which antitrust laws apply. This case is a forceful reminder that a good business tort claim does not equate to a good antitrust claim – or, even any antitrust claim at all. It is also a reminder of two broader points about how the Fifth Circuit approaches business tort claims arising from federal law.
The Fifth Circuit recently reversed the dismissal on the pleadings of a products liability claim, noting the difficulties faced by plaintiffs who lack access to critical information in the defendants’ files.
The vibrant Texas economy drives business disputes into federal court and ultimately, the U.S. Court of Appeals for the Fifth Circuit. This article identifies ten recent cases from the Fifth Circuit that will likely influence commercial litigation in the year ahead. The specific areas of law include forum selection, federal jurisdiction over class actions, arbitration, civil procedure, and the substantive fields of antitrust and trademark.
The federal appeals court decision is a likely landmark in the modern law of antitrust conspiracy. The opinion unhesitatingly applies longstanding rules about “per se” antitrust liability instead of engaging in the more complex economic analysis that has dominated in recent years.
Victims of pyramid schemes, in the context of a large multi-level marketing program, cannot bring a class action, the U.S. Court of Appeals for the Fifth Circuit has ruled. The decision could have a significant impact because multi-level marketing programs (Amway, Herbalife, etc.) are widespread in the modern economy, and the details of their operations affect millions of people involved with those businesses.
It’s a litigator’s nightmare; Jumping into a fast-paced TRO case about trade secrets, with expedited discovery requests and orders everywhere – with a new client who doesn’t tell the whole story about what he took from his former employer. In a Fifth Circuit case called Waste Management v. Kattler, a lawyer was caught in the crossfire of a situation like this.
How much discovery is too much? The Texas Supreme Court recently offered important guidance on this practical question, holding that a request for “similar” insurance claim files was overly broad, even with limits as to place and time. This article has the full details and analysis.
There are court decisions that change the law, but this is a case that should put the fear of God into those who run a litigation calendar. The bottom line: Defense counsel should be mindful of the 10:00 AM deadline in the rules, and factor it into their calendaring system.
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