In In re School Board of Concordia Parish, No. 26-30074 (5th Cir. July 14, 2026), the panel dismisses an appeal by the parties from the District Court’s refusal to terminate a long-running school desegregation case pursuant to a Rule 41(a)(1) stipulation of dismissal, finding that it lacks appellate jurisdiction to review that action. But twoContinue reading “Split Fifth Circuit Panel Grants Mandamus to End a Sixty-Year-Old School Desegregation Case Where Every Remaining Party Filed an Fed. R. Civ. P. 41(a)(1) Stipulation of Dismissal”
Tag Archives: Fifth Circuit
Split Fifth Circuit Panel Holds That A Vape Manufacture Had a Seventh Amendment Right to a Jury Trial in an HHS Action to Collect Civil Penalties
In Texas Tobacco Barn v. HHS, No. 25-60200 (5th Cir. June 30, 2026), a 2-1 panel holds that a manufacturer of vape products was entitled to a jury trial in an Article III court when the U.S. Department of Health and Human Services (HHS) pursued civil penalties against it for alleged violations of the Food,Continue reading “Split Fifth Circuit Panel Holds That A Vape Manufacture Had a Seventh Amendment Right to a Jury Trial in an HHS Action to Collect Civil Penalties”
District Court’s Failure to Adjudicate Qualified Immunity “At the Earliest Possible Stage in the Litigation” Subject to Appeal Under Collateral-Order Doctrine, Holds Fifth Circuit
In Wertenbroch v. Hardeman, No. 25-40616 (5th Cir. June 3, 2026), the Fifth Circuit holds that even a non-response by a district court to a motion for qualified immunity can serve as an “implicit denial . . . that is immediately appealable under the collateral-order doctrine.” Plaintiffs sued the City Manager of Pittsburg, Texas forContinue reading “District Court’s Failure to Adjudicate Qualified Immunity “At the Earliest Possible Stage in the Litigation” Subject to Appeal Under Collateral-Order Doctrine, Holds Fifth Circuit”
Split Fifth Circuit Panel Grants Mandamus to Order Venue Transfer Under 28 U.S.C. § 1404(a), Holding That District Court Erred in Relying on Court Congestion as a Controlling Factor
The Fifth Circuit has been the site of vexing and notorious venue battles, as parties jostle to forum shop – or avoid – districts in Texas and Louisiana. In In re Google, No. 25-40788 (5th Cir. April 7, 2026), a 2-1 panel holds that the district court clearly abused its discretion in denying defendant Google,Continue reading “Split Fifth Circuit Panel Grants Mandamus to Order Venue Transfer Under 28 U.S.C. § 1404(a), Holding That District Court Erred in Relying on Court Congestion as a Controlling Factor”
Fifth Circuit Clears Up Intracircuit Conflict, Holding That Video Recordings of Depositions Are Taxable as Costs Under Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920
In Clouse v. Southern Methodist Univ., No. 24-10860 (5th Cir. Mar. 16, 2026), the Fifth Circuit resolves a split among the circuit’s district courts by holding that ordering both video and printed depositions are chargeable as costs under Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920. The panel thus affirms a total $184,033.11Continue reading “Fifth Circuit Clears Up Intracircuit Conflict, Holding That Video Recordings of Depositions Are Taxable as Costs Under Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920”
Fifth Circuit Skirts Question of Application of Fed. R. Civ. P. 17(c) to Party Suspected to Be, But Not Yet Adjudicated As, Incompetent
In Boudy v. McComb Sch. Dist., No. 24-60386 (5th Cir. Feb. 24, 2026), the Fifth Circuit avoids, though bookmarking for another time, whether it is an abuse of discretion to dismiss a case in the face of pro se party’s suspected incompetency. The plaintiff-appellant urged the court to adopt the Ninth Circuit’s rule on thisContinue reading “Fifth Circuit Skirts Question of Application of Fed. R. Civ. P. 17(c) to Party Suspected to Be, But Not Yet Adjudicated As, Incompetent”
Fifth Circuit Gives “What Not to Do” Guidance for the Lawyer Who Learns Too Late That Their Brief Was Filed in Court with AI Hallucinations
In Fletcher v. Experian Inform. Solutions, Inc., No. 25-20086 (5th Cir. Feb. 18, 2026), the Fifth Circuit enters a $2,500 sanction against a lawyer who filed a brief with “quotations, citations, and assertions that were not supported by the underlying case law” and were, to all appearances, AI-generated. The opinion drops some hints about whatContinue reading “Fifth Circuit Gives “What Not to Do” Guidance for the Lawyer Who Learns Too Late That Their Brief Was Filed in Court with AI Hallucinations”
On Third Go-Around in Fifth Circuit, Court Holds That Plaintiffs Forfeited a Law-of-the-Case Argument by Not Seeking Rehearing of the Second Panel Decision
In Pool v. City of Houston, No. 24-20138 (5th Cir. Jan. 2, 2026), the Fifth Circuit affirms a post-judgment vacatur of attorney’s fees after the original judgment in plaintiff’s favor was vacated by the Fifth Circuit for lack of subject-matter jurisdiction. While the plaintiffs may have had a valid law-of-the-case argument to otherwise sustain theContinue reading “On Third Go-Around in Fifth Circuit, Court Holds That Plaintiffs Forfeited a Law-of-the-Case Argument by Not Seeking Rehearing of the Second Panel Decision”
Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)
In United States v. Ernst Jacob GmbH & Co. KG, No. 23-1969 (1st Cir. Oct. 23, 2025), the First Circuit rejects a holding in the Fifth Circuit and holds that a third-party defendant’s complaint for subrogation or contribution is enough to give a U.S. Court of Appeals jurisdiction over an interlocutory appeal under 28 U.S.C.Continue reading “Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)”
Lawsuit Against Attorneys for Alleged Conduct During a State-Court Action Not Blocked by Rooker-Feldman Doctrine, Holds Fifth Circuit
In English v. Crochet, No. 25-30074 (5th Cir. Oct. 8, 2025), a Fifth Circuit panel partially reverses a Fed. R. Civ. P. 12(b)(6) dismissal of a diversity case, holding in relevant part that the tort suit is not blocked by the Rooker-Feldman doctrine even though it calls into doubt monetary sanctions entered by a state-courtContinue reading “Lawsuit Against Attorneys for Alleged Conduct During a State-Court Action Not Blocked by Rooker-Feldman Doctrine, Holds Fifth Circuit”
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