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Phelps Dunbar LLP | USA | 12 May 2021

UPDATE: Fifth Circuit Court of Appeals Establishes Test for Seaman Status

Recently, the U.S. Court of Appeals for the 5th Circuit, sitting en banc, issued its significant and awaited opinion in Gilbert Sanchez v. Smart…

Reed Smith LLP | USA | 30 Apr 2021

Fifth Circuit Affirms Two Defense Victories from the Taxotere MDL

We hope, when our time on earth is up, we are remembered as someone who possessed skills and made contributions. We are certain that gardening will…

Ellis & Winters LLP | USA | 29 Apr 2021

The State of the Circuit Split on the Applicability of Daubert at Class Certification

In Prantil v. Arkema, the Fifth Circuit joined three other Circuits in holding that scientific evidence offered in relation to certification of a…

McDermott Will & Emery | USA | 22 Apr 2021

You Want Some “Metchup” with That?

The US Court of Appeals for the Fifth Circuit found no infringement by a large, well-known company that used the registered mark of an individual…

Hall Benefits Law | USA | 14 Apr 2021

A Recent Fifth Circuit Court Decision May Elevate HIPAA Enforcement Hurdles

On January 16, 2021, a Fifth Circuit Court decision in University of Texas M.D. Anderson Cancer Center v. U.S. Department of Health and Human…

Jones Day | USA | 12 Apr 2021

FTC Notches Win in Fifth Circuit Reverse Payment Patent Settlement Case

In the Supreme Court's landmark 2013 decision in FTC v. Actavis, the Court determined that large payments by branded drugmakers to potential generic…

Haynes and Boone LLP | USA | 9 Apr 2021

Arbitration in the Fifth - March 2021

In March 2021 the Fifth Circuit’s Jones v. Michaels Stores, Inc. again considered and rejected “manifest disregard” as a nonstatutory ground to…

Buckley LLP | USA | 8 Apr 2021

5th Circuit: Oral agreement to accept past-due mortgage payments is unenforceable under statute of frauds

On March 26, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment for a National Bank, upholding its foreclosure sale in a 2-1…

Buckley LLP | USA | 7 Apr 2021

5th Circuit: Law firm allowed to send debt dispute letters on behalf of clients

On April 1, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s ruling in favor of defendant credit repair organizations…

Phelps Dunbar LLP | USA | 5 Apr 2021

Insurers Prepare for Change as Texas Supreme Court Considers Eight-Corners Exception

Will the Texas Supreme Court finally confirm whether it is adopting or rejecting the “Northfield Exception” to the eight-corners rule? The Bitco case…
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