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6,132 results found

Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
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