The Fifth Circuit Court of Appeals on Monday determined the Commodity Futures Trading Commission employed an “unprecedented interpretation” of a 39-year-old rule when it filed a “novel civil liability suit” against energy futures trading company EOX Holdings and a Houston energy trader that resulted in a $7.5 million penalty.
Mesa Airlines Settles Racial Profiling Suit
Issam Abdallah and Abderraouf Alkhawaldeh recently reached a confidential settlement with Mesa Airlines. The two men filed suit after their flight was delayed and subsequently canceled because of what they allege was racial profiling by a flight attendant and pilot. U.S. District Judge Reed O’Connor had tossed the claims against Mesa on summary judgment. The Fifth Circuit revived the lawsuit in October.
Expert Voices: Fifth Circuit’s Proposed Generative AI Rule — A Rule Without a Cause?
The U.S. Court of Appeals for the Fifth Circuit is considering a new certification requirement about the use of generative artificial intelligence. While the proposed rule is thoughtful and well-intentioned, it is largely redundant of existing rules and may invite satellite litigation that interferes with legitimate use of AI to provide quality client service.
Justice O’Connor’s Former Clerks, Texas Attorneys Share Remembrances of Her Life, Legacy
Two former clerks for Justice Sandra Day O’Connor — Justin Nelson of Susman Godfrey and Allyson Ho of Gibson, Dunn & Crutcher — spoke to The Lawbook about lasting memories and lessons learned from their time working alongside her at the U.S. Supreme Court. Justice O’Connor, who inspired many women to pursue careers in the law after becoming the first woman appointed to the high court, died Dec. 1 of complications related to dementia and a respiratory illness. Today, her funeral will take place.
Fifth Circuit Panel: En Banc Court Needs to Change ‘Favorable Termination’ Rule Precedent
The U.S. Court of Appeals for the Fifth Circuit has developed a reputation for divisiveness among its members. But Thursday, Judge Don Willett, Judge Carolyn King and Judge Dana Douglas — three jurists with widely differing judicial leanings — issued a unanimous opinion that highlighted a major injustice, publicly sought a reversal of precedent by the full Fifth Circuit and demonstrated judicial restraint. The case is the story of Erma Wilson, who was falsely accused and wrongly convicted of cocaine possession 22 years ago in Midland.
“Erma Wilson placed her faith in the justice system, trusting she would get due process and a fair trial,” Judge Willett wrote. “Wilson’s faith was misplaced. In Wilson’s trial — and in hundreds of others in Midland County spanning decades — bedrock judicial norms were dishonored.”
Houston Appeals Court: Power Generators Had ’No Legal Duty’ To Retail Customers During Winter Storm Uri
In a significant legal blow to victims of Winter Storm Uri, large power generators in Texas scored a decisive multibillion-dollar defense victory Thursday when a Houston appeals court ruled that wrongful death, personal injury and property damage claims against the generators have “no basis in law or fact.”A three-judge panel of the First Court of Appeals in Houston ruled that “Texas does not currently recognize a legal duty owed by wholesale power generators to retail customer s to provide continuous electricity to the electric grid, and ultimately to the retail customers.”
Litigation Roundup: SCOTX Will Hear PUCT Authority Case, Short-term Rental Restrictions in Dallas Halted
In this edition of Litigation Roundup, Dallas residents were granted a temporary injunction that will prohibit the city from enforcing new ordinances that would severely restrict the availability of short-term rental homes, Texas Attorney General Ken Paxton accuses the U.S. State Department of conspiring to censor conservative-leaning media outlets, and the Texas Supreme Court agrees to hear a case involving the scope of the Public Utility Commission of Texas’ authority.
The Fifth Circuit Takes on Generative AI — Everything You Need to Know About the Court’s New Proposed Rule
The Fifth Circuit is the latest court to address potential misuse of generative artificial intelligence. The court is seeking comments on an amendment to Rule 32.3 that would require litigants to certify that they reviewed and verified any GenAI-generated content in their filings. Failure to comply could result in striking the document or sanctions. The Fifth Circuit is the first federal appeals court to consider a GenAI-specific rule. But its proposal comes on the heels of a flurry of lower court standing orders aimed at addressing similar concerns. These issues make it essential for lawyers to stay informed about developments in GenAI technology and ensure they are complying with applicable court rules. Indeed, the only thing that is certain in this area is that there will continue to be change.
Fifth Circuit Gets First Latina Judge After 132 Years
More U.S. senators voted Monday to confirm Judge Irma Ramirez to the U.S. Court of Appeals for the Fifth Circuit than any of President Biden’s previous 37 appellate court nominees. The senate confirmed Judge Ramirez, currently a U.S. magistrate judge in Dallas, by a vote of 80-12. She is the first Latina judge in the 132-year history of the New Orleans-based court. “It is an historic moment to finally have a Hispanic woman on the court — a long time coming,” said Gregg Costa, the Fifth Circuit judge who retired last year and who Judge Ramirez is replacing. “The first few weeks are a whirlwind. She will need to meet and get to know her new fellow Fifth Circuit judges, hire four law clerks, set up her office and get up to speed on the court’s caseload. It is a steep learning curve.”
SCOTX Tells Fifth Circ. Deadline-Tolling Statute Applies in Flight Attendants’ Boeing Suit
The federal appellate court had asked the Texas Supreme Court to answer two questions clarifying how Texas Civil Practice & Remedies Code § 16.064 applies to the claims of former United Airlines flight attendants, Marvin Sanders and Matthew Sodrok, who say they were injured when a smoke detector activated — despite the absence of smoke or fire on board — at such a high volume that it burst their ear drums, caused their ears to bleed and left them with permanent hearing loss. The justices’ answers revived the lawsuit against The Boeing Company and two companies that provided parts and maintenance for the allegedly defective smoke detector.
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