5th Circuit

  • capitol building Washington DC

    5th Circuit, Federal Government

    Courts Are Starting To Apply And Interpret FRCP Amendments On E-Discovery

    The time for Congress to act on the proposed amendments to the Federal Rules of Civil Procedure relating to e-discovery has come and gone, and those amendments are now in effect as of December 1, 2015.

    / Dec 18, 2015 at 12:00 PM
  • SCOTUS Supreme Court photo by David Lat

    5th Circuit, Immigration

    5th Circuit Affirms Immigration Executive Action Preliminary Injunction

    The United States Court of Appeals for the Fifth Circuit on Monday upheld a district court’s preliminary injunction of implementation of a key aspect of the Administration’s immigration executive action.

    / Nov 12, 2015 at 4:15 PM
  • gavel scales of justice

    5th Circuit, Free Speech

    En Banc Fifth Circuit Erodes Student Speech Rights

    Off-campus speech gets kid punished and the Fifth Circuit thinks that’s just fine.

    26 Comments / / Aug 25, 2015 at 12:33 PM
  • Supreme Court 1

    5th Circuit, Federal Circuit

    5th Circuit Continues Temporary Bar Of Immigration Executive Action

    The United States Court of Appeals for the Fifth Circuit, in an extensive but divided panel opinion, today denied the Obama Administration’s request to stay a preliminary injunction of its immigration executive action to grant work authorization to several million aliens.

    / Jun 5, 2015 at 3:00 PM
  • Judge Edith Jones

  • Edith Jones LF Judge Edith H Jones Edith Hollan Jones

  • Edith Jones LF Judge Edith H Jones Edith Hollan Jones

  • Amal Clooney

    5th Circuit, Abortion, Biglaw, Celebrities, Crime, Election Law, Eric Holder, Law Schools, Morning Docket, Student Loans, Texas, U.S. Attorneys Offices, United Kingdom / Great Britain, Weddings

    Morning Docket: 10.15.14

    * The Fifth Circuit is allowing the Texas voter ID law to be enforced during the upcoming election, even though it was recently struck down by a federal judge. After all, “preserving the status quo” is very important down south. [Bloomberg]

    * We suppose that’s why the Supreme Court stepped in to make sure that abortion clinics in Texas were allowed to reopen following their shut down. Take that, Fifth Circuit. [New York Times]

    * AG Eric Holder is showing off some fancy legal footwork before he walks out the door. Federal prosecutors can no longer ask defendants to waive their IAC claims when pleading guilty. [WSJ Law Blog]

    * Davis Polk & Wardwell is a Biglaw firm where hotties roam, and it looks like this top Justice Department prosecutor who started his career there is returning home there to roost. [DealBook / New York Times]

    * It’s the debt: With headlines like “Law school applications plummet – at U of L too,” the University of Louisville School of Law can’t even convince alums from its undergrad school to attend. [Courier-Journal]

    * Amal Alamuddin changed her name to Amal Clooney on her firm’s website. It’s as if she wants to rub the fact that she’s a human rights lawyer who just got married in everyone’s face. [New York Daily News]

    30 Comments / / Oct 15, 2014 at 9:08 AM
  • Lindsay Lohan

    5th Circuit, Abortion, Biglaw, In-House Counsel, Law Schools, Lindsay Lohan, Mergers and Acquisitions, Morning Docket, SCOTUS, Supreme Court, Texas

    Morning Docket: 10.10.14

    * This just in: Now that the Fifth Circuit has refused to hear the Texas abortion case en banc, it looks like we may see a viable case about a major social issue being brought to Term before SCOTUS after all. [National Law Journal]

    * Skadden came out on top of the Bloomberg, Thomson Reuters, and Mergermarket league tables for the highest transactional value of its mergers and acquisitions deals in 2014. Congrats on kicking the competition’s ass. [Am Law Daily]

    * Per HBR Consulting, clients are winning the war when it comes to getting legal services on the cheap. Consider this a “call to action for law firms to reconsider the way they do business.” [WSJ Law Blog]

    * The Elon University School of Law is completely revamping its academic offerings in order to offer a law degree that can be earned in 2.5 years, and for about $14,000 less. Nice work! [Triad Business Journal]

    * Lindsay Lohan’s attorneys filed an amended complaint in her case against Grand Theft Auto’s publisher, this time going to far as to spell their client’s name correctly. [Hollywood, Esq. / Hollywood Reporter]

    9 Comments / / Oct 10, 2014 at 9:10 AM
  • Burger King LF

    5th Circuit, Fast Food, Food, Gay, Gay Marriage, Law Schools, Lesbians, Morning Docket, SCOTUS, Supreme Court, Texas

    Morning Docket: 10.07.14

    * Since SCOTUS punted on same-sex marriage, people in states where gay marriage bans still exist are wondering when it will be their turn. It’s just a waiting game from here on out. [USA Today]

    * Babies wait for no one: a pregnant lesbian couple fighting the Texas ban on gay marriage filed an usual request asking that the Fifth Circuit hurry up and schedule arguments. [WSJ Law Blog]

    * The “puff, puff, pass” defense? Robel Phillipos, friend of accused Boston bomber Dzhokhar Tsarnaev, claims he was so high during the aftermath he can’t remember a thing. [Bloomberg]

    * When should you apply to law school? When you can get into a top school, have clear career objectives, and won’t have to take out loans. You’re preaching to the choir. [Law Admissions Lowdown / U.S. News]

    * A Burger King customer is suing because he claims the restaurant’s manager attacked him with a knife and a Taser. This all allegedly happened over some cold onion rings, of course. [New York Daily News]

    7 Comments / / Oct 7, 2014 at 9:08 AM
  • Righteous-Indignation

  • FYI Jami and Therese: On Wednesdays, we wear pink!

    5th Circuit, Abortion, Biglaw, Gay Marriage, Job Searches, Lateral Moves, Law Schools, Morning Docket, Partner Issues, SCOTUS, Supreme Court, Texas, Women's Issues

    Morning Docket: 10.03.14

    * SCOTUS justices added 11 cases to this term’s docket yesterday following their megaconference earlier this week. Alas, no same-sex marriage cases have been added yet. [New York Times]

    * The Fifth Circuit allowed Texas to enforce its new abortion clinic restrictions. The only thing that will stop its “devastating impact on abortion access” is SCOTUS intervention. [MSNBC]

    * Two more women just joined the ranks of the highest tier of Biglaw firm leadership. Congrats to Jami Wintz McKeon of Morgan Lewis and Therese Pritchard of Bryan Cave. [WSJ Law Blog]

    * Gibson Dunn poached a prominent partner from U.K. firm Ashurst following his fall from grace as its leader last year. He’s thrilled to work for “one of the strongest U.S. firms around.” [Am Law Daily]

    * The Thomas Jefferson School of Law may be “California’s worst-performing law school,” but it certainly performs well in terms of providing entertainment for those who are big fans of schadenfreude. [City Journal]

    * Many schools pay their grads to count them as employed — but not UNC Law. Its career services office is aware that “jobs don’t grow on trees,” but hey, at least they’re trying to be transparent. [Daily Tar Heel]

    4 Comments / / Oct 3, 2014 at 9:15 AM
  • ruth bader ginsburg RF

    5th Circuit, Abortion, Antonin Scalia, Ruth Bader Ginsburg, Shira Scheindlin, Supreme Court

    Stop Your Freakout — Justice Ginsburg Absolutely Shouldn’t Recuse Herself

    Conservatives are up in arms because Justice Ginsburg talked about abortion. They need to chill out.

    37 Comments / / Oct 1, 2014 at 2:43 PM
  • Gavel

    5th Circuit, Benchslaps, Litigators, Racism

    How Not To Behave At Oral Argument

    Don’t condescend to the judges on your appellate panel, and try to show up wearing pants…

    11 Comments / / Sep 8, 2014 at 4:04 PM
  • cooley blue

    5th Circuit, Abortion, American Bar Association / ABA, Anthony Kennedy, Biglaw, Constitutional Law, Gay Marriage, Law Schools, Money, Morning Docket, SCOTUS, Supreme Court

    Morning Docket: 07.30.14

    * When it comes to bans on same-sex marriage, for Justice Anthony Kennedy, animus is a “doctrinal silver bullet” — the fact that there was no animus involved in the enactment of many of them may be problematic at the high court. [New York Times]

    * Relying on some obscure Supreme Court precedent, the Fifth Circuit saved Mississippi’s lone abortion clinic after striking down as unconstitutional a state law that would have required doctors to have hospital admitting privileges. [National Law Journal]

    * Given the situation over at Bingham McCutchen, people are starting to wonder about whether all the guaranteed contracts to members of merger partner McKee Nelson’s partnership helped to shape the firm’s current financial plight. [Am Law Daily]

    * Hot on the heels of Cooley Law canceling its first-year class at Ann Arbor and announcing tentative plans to close the campus, the ABA approved the school’s affiliation with Western Michigan. Yay? [MLive.com]

    * Here’s one way to become a lawyer without racking up massive amounts of debt: you could try to “read” the law like Abraham Lincoln, and work as a law firm apprentice. That sounds delightful. [New York Times]

    2 Comments / / Jul 30, 2014 at 8:55 AM
  • Righteous-Indignation

    5th Circuit, Affirmative Action, Education / Schools, Texas

    Critical Mass Is A Critical Mess: The New Opinion In UT v. Fisher

    The concept of “critical mass” highlights a weakness in most college admissions policies.

    15 Comments / / Jul 17, 2014 at 4:31 PM
  • Juggalo Washington

    5th Circuit, Affirmative Action, Contract Attorneys, Free Speech, Music, Non-Sequiturs, Supreme Court, Technology

    Non-Sequiturs: 07.16.14

    * The Insane Clown Posse is appealing their loss in the “Juggalos aren’t gang members” case. F**king lawsuits, how do they work? [Lowering the Bar]

    * After losing before the Supreme Court, the University of Texas affirmative action admissions program looked to be in serious trouble. But the Fifth Circuit just ruled that the UT policy met the strict-scrutiny analysis mandated by the Court. The lesson for Abigail Fisher is once more, “How about you get better grades instead of whining?” Or at least “Get politically connected.” [Chronicle of Higher Education]

    * Apple agrees to a conditional $450 million settlement with the NYAG’s office in the e-book suit. So you might get some money back from the 50 Shades of Grey purchase. [Reuters]

    * The Manassas city police have decided not to engage in kiddie porn pursuant to a warrant. Good for them. [Washington Post]

    * “Judges are not deities. They are humans.” Let’s not tell Lat, the shock might kill him. [Katz Justice]

    * Maybe it’s time lawyers started looking out for each other. This is a theme we’ve touched on before. [Law and More]

    * The hell? Parents arrested for letting their 9-year-old go to the park alone? Suffocating parenting is bad enough without the government expecting it of parents. [Slate]

    * CPAs are suing the IRS because the regulation of tax preparers lacks Congressional approval. Because we need more folks off the street claiming to be tax preparers. [TaxProf Blog]

    * Lawyer and former South Carolina GOP executive director Todd Kincannon is under investigation by the South Carolina Office of Disciplinary Counsel for basically being a dick on Twitter. As Ken White notes, the First Amendment is all about giving guys like this a forum. [Slate]

    7 Comments / / Jul 16, 2014 at 5:01 PM
  • 215526_1024523288678_4419_n

    5th Circuit, Fashion, Laurence Tribe, Law Schools, Non-Sequiturs, Paralegals, Pornography, Rankings, SCOTUS, Student Loans, Summer Associates, Supreme Court

    Non-Sequiturs: 06.03.14

    * Dan Marino was suing the NFL over concussions, becoming the highest profile former player to level a suit against the league. Among his allegations, he claims concussions led him to hold that ball laces in for Ray Finkle. Why do I say “was,” you ask? Because he claims he filed suit accidentally. No greater proof of the dangers of concussions necessary. [Awful Announcing]

    * The Supreme Court used to gather in the basement and watch porn together according to Larry Tribe (affiliate link). Best anecdote is Justice Marshall narrating porn to the nearly blind Justice Harlan. You can spoil the ending for Justice Harlan here. [Washington Post]

    * It turns out the Brits have their own obsession with law school rankings. Here’s their “league table” for a legal education. [The Guardian]

    * You know not to wear a bikini to the firm pool party, but what should you wear to the other summer events? [Corporette]

    * An article ponders when firms are going to figure out that recent law school grads are perfect paralegals. Thanks for that kick in the gut. [New Geography]

    * Following up on an older story, the Fifth Circuit has withdrawn a ruling made in 2007 upon revelations that one of the judges involved had a financial interest in one of the parties. [Center for Public Integrity]

    * Do we need more reasons why Bitcoin is stupid? Ah, it’s used in messy divorces to hide assets. Perfect. [Digital Journal]

    * Debt collectors are increasingly giving up on calling you all the time and just seeking default judgments. [Huffington Post]

    * From the SUNY Buffalo commencement, Judge Thomas Franczyk and graduate Joey Nicastro took the stage to perform a song for the occasion. Francis Malofiy is already planning to sue them. Video below….

    4 Comments / / Jun 3, 2014 at 5:01 PM