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McDermott Will & Emery | USA | 19 May 2022

Déjà vu Decision on Likelihood of Confusion

The US Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of a trademark suit that was essentially identical to a previous…
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Haynes and Boone LLP | USA | 10 May 2022

Arbitration in the Fifth - April 2022

Notable arbitration-related decisions decided by the courts of the Fifth Circuit in April 2022 include the Fifth Circuit’s Noble Capital Fund…
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Manko Gold Katcher & Fox | USA | 9 May 2022

First Circuit Overrules Precedent By Holding That Administrative Enforcement Does Not Bar CWA Citizens Suit

Can plaintiffs in a citizen suit piggyback on existing governmental enforcement action and enforce the same alleged violation under the Clean Water…
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Jones Day | USA | 9 May 2022

Policyholders Receive Needed Guidance on Use of Extrinsic Evidence in Texas When Enforcing an Insurer's Duty to Defend

The Texas Supreme Court in February 2022 adopted a limited exception based upon a three-prong test allowing the use of extrinsic evidence when…
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Buckley LLP | USA | 4 May 2022

5th Circuit: CFPB enforcement action may proceed but questions remain regarding constitutionality of the agency’s funding process

On May 2, the U.S. Court of Appeals for the Fifth Circuit issued an en banc decision vacating a district court’s interlocutory decision denying the…
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Buckley LLP | USA | 4 May 2022

5th Circuit: CFPB enforcement may proceed but funding questions remain

On May 2, the U.S. Court of Appeals for the Fifth Circuit issued an en banc decision vacating a district court’s interlocutory decision denying the…
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Schulte Roth & Zabel LLP | USA | 27 Apr 2022

Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales

A bankruptcy court gave "unnecessary and likely incorrect" reasoning to support its "excessively broad proposition that sales free and clear under…
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Otten Johnson Robinson Neff + Ragonetti PC | USA | 26 Apr 2022

Fifth Circuit Remands Ban on Leafletting in Large Crowds

A few years ago, Joshua Herridge was waiting outside of a ZZ Top concert in Montgomery County, Texas, but unlike most people gathering near the event…
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Patterson Belknap Webb & Tyler LLP | USA | 18 Apr 2022

Equitable Mootness Applied Again: The Fifth Circuit Refuses to Hear an Appeal

The Fifth Circuit recently dismissed an appeal of a confirmation order as equitably moot. The decision was based on three key factors: the Appellant…
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Bass Berry & Sims PLC | USA | 14 Apr 2022

Fifth Circuit Affirms Criminal Healthcare Fraud Convictions of Hospice and Home Health Executives

On March 24, the U.S. Court of Appeals for the Fifth Circuit affirmed the criminal healthcare fraud convictions of two individuals who ran a network…
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