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Troutman Sanders LLP | USA | 20 May 2020
Fifth Circuit Affirms Summary Judgment for Plaintiff in Time-Barred Debt Case
The United States Court of Appeals for the Fifth Circuit recently held that certain letters seeking collection of time-barred debt by using…
Goldberg Segalla LLP | USA | 15 May 2020
Shipyard Owner’s Removal Deemed Timely Under Recent Fifth Circuit Decision
Plaintiff Robert Bourgeois II originally filed his lawsuit in the Civil District Court for the Parish of Orleans, State of Louisiana, alleging his…
Phelps Dunbar LLP | USA | 12 May 2020
Mississippi Supreme Court Holds Blanket Waiver Of Subrogation Precludes Subrogation For Damages Paid In Respect Of “Non-Work” Property
In an issue of first impression certified by the U.S. Fifth Circuit Court of Appeals, the Mississippi Supreme Court held that a waiver of subrogation…
Phelps Dunbar LLP | USA | 12 May 2020
Fifth Circuit Narrowly Construes “Client” Under Bank’s Professional Liability Policy
The U.S. Fifth Circuit Court of Appeals issued an opinion narrowly interpreting the scope of professional liability coverage in the context of…
Seyfarth Shaw LLP | USA | 12 May 2020
“But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split
Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether…
Kilpatrick Townsend & Stockton LLP | USA | 11 May 2020
Fifth Circuit: Arbitrator’s decision to conduct class arbitration cannot be vacated
Takeaway: A lot of ink has been spilled on the issue of class arbitration, but this much is clear: If a federal court decides the class arbitration…
Buckley LLP | USA | 1 May 2020
5th Circuit: Non-signatories not compelled to arbitrate FCRA claims
On April 21, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s order denying a Plaintiff’s motion to compel arbitration…
Buckley LLP | USA | 1 May 2020
5th Circuit: Collection letters misrepresenting legal enforceability of underlying debt violate FDCPA
On April 29, the U.S. Court of Appeals for the Fifth Circuit held that letters seeking the collection of time-barred debt that include ambiguous…
McDermott Will & Emery | USA | 28 Apr 2020
Fifth Circuit Rules that Law Firm Clients’ Identities Are Not Privileged
In Taylor Lohmeyer Law Firm P.L.L.C. V. United States, No. 19-50506, the United States Court of Appeals for the Fifth Circuit held that a Texas-based…
Buckley LLP | USA | 24 Apr 2020
5th Circuit affirms summary judgment in FCRA case
On April 22, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of an FCRA action, holding that the plaintiff…
