Appellate tease Archives - Page 12 of 47

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.

December 7, 2023 Kaylen E. Strench

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.”

December 5, 2023 Mark Curriden

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.

December 1, 2023 Michelle Casady

Biz Community Tells SCOTX Abortion Ban Has Cost Texas $14.5B

An amici army 40 strong, led by dating app Bumble Inc. and joined by Match Group, SXSW, Amalgamated Bank, Central Presbyterian Church, a handful of boutique law firms, doctors and hospitality companies, filed their brief with the Texas Supreme Court Monday, about a week before the court is slated to hear oral arguments in Texas v. Zurawski. But the business community is far from the only voice trying to persuade the Texas Supreme Court. A group of 20 states filed an amicus brief, as did a group of 90 Texas legislators and a handful of national women’s rights organizations.

November 21, 2023 Michelle Casady

New Texas Solicitor General Inherits Platform to Change Federal Law and Policies

BYU law professor Aaron Nielson is a renowned scholar and “a key member of the conservative legal movement” with expertise litigating against alleged regulatory overreach by federal authorities, according to lawyers and academics familiar with his work and even those who have battled him in court. The new Texas solicitor is an expert on the Administrative Procedure Act, a 1946 law that governs how federal agencies develop and implement regulations and a statute that Paxton has repeatedly used to challenge the authority of federal agencies. But in this article, The Texas Lawbook examines Nielson’s work on a 2020 U.S. Supreme Court case in which he was appointed by the justices to, ironically, brief and argue in favor of the constitutionality of the Federal Housing Finance Agency’s structure — a position that legal experts agree his boss, Texas AG Ken Paxton and other anti-federal agency advocates opposed. Nielson’s arguments won the day.

November 20, 2023 Krista Torralva & Mark Curriden

Regulations Cutting Roofers Out of Insurance Claim Process Challenged

Tensions between free speech and public protection were exposed during SCOTX arguments on licensing requirements for public adjusters. The justices posed hypotheticals about professions including lawyers, doctors and journalists, but the prevailing image was that of a roofer standing atop a house calling the insurance company.

October 27, 2023 Janet Elliott

SCOTX Denies Bid to Skip Over 5th COA in Judicial District Reapportionment Challenge

Keresa Richardson has argued to the courts that the malapportionment of the 14 judicial districts in Texas is a “disease” and that the use of docket equalization measures to even the workload among the courts is a “field dressing.” Richardson is alleging both issues constitute violations of the equal protection clause of the Constitution.

October 27, 2023 Michelle Casady

SCOTX to Decide if Thousands of Plaintiffs Can Sue Their Former Fen-Phen Lawyer

Houston lawyer George Fleming says Texas law should bring an end to the claims of thousands of his former clients by analyzing “privity,” or the existence of a legally binding relationship between them, under standards articulated both in the U.S. Supreme Court’s Taylor v. Sturgell and Section 40 of the Restatement of Judgments. SCOTX justices heard arguments Tuesday and had plenty of questions.

October 25, 2023 Krista Torralva

Big Day for the Ho Family at SCOTUS

Allyson Ho called her husband, Fifth Circuit Judge James Ho, with exciting news: She’ll get to argue before the U.S. Supreme Court, her fifth time before the high court. He looked up the case and discovered SCOTUS was also taking on a case he’d drawn attention to.

October 23, 2023 Krista Torralva

A Bar Member’s Visit to the Supreme Court

Though I have been counsel on SCOTUS cert petitions and responses and the occasional amicus brief over the years, I never had the opportunity to argue before the High Court. I realized I needed to make my own arrangements to watch our Supremes in action.

The argument I observed involved a lawsuit out of Texas and the Fifth Circuit challenging the constitutionality of the Consumer Financial Protection Bureau’s funding mechanism. The nine justices were active in asking questions of counsel.

October 17, 2023 Paul C. Watler