The Dallas-based Fifth Court of Appeals issued a remarkable en banc decision this week. It involved majority, concurring and dissenting opinions on a matter of appellate procedure. But more importantly it may be the first significant signal that last year’s dramatic election swing is going to have an effect on the direction of the court.
Fifth Circuit: Securities Offering Fraud Cases Require More SEC Fact-finding
When is an investor buying a security versus purchasing a partnership in a joint venture? It depends on some very specific but basic facts that usually are only available via a full trial, according to the U.S. Court of Appeals for the Fifth Circuit.
SCOTUS Hands Win to Grocery Store Chains in FOIA Case
The U.S. Supreme Court Monday granted a new level of protection to businesses that provide the government with confidential data, requiring lower courts to consider the actual meaning of “confidential” before granting access to such data under the Freedom of Information Act. Critics say the case provides a new obstacle to public access to government. But Baker Botts Austin partner Evan Young, who argued the winning case before SCOTUS, says nothing could be further from the truth. Natalie Posgate reports.
Stockholder Suit Against Blue Bell Revived
A stockholder lawsuit against the directors of Blue Bell Creameries – filed in the wake of a 2015 outbreak of listeria in the company’s ice cream products – was revived this week by the Delaware Supreme Court. The case, filed in 2017 and dismissed in 2018, was remanded back to a Delaware Chancery Court for trial.
Tony Romo Wants a New Hearing in Battle Against NFL
The former Dallas Cowboys quarterback is asking the Dallas Court of Appeals to revisit his case against the NFL, which surfaced after a failed 2016 fantasy football event in California.