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”