Language-model AI tools are extraordinarily powerful and making advances every day. But they aren’t designed to do legal research, and anything they say about a specific precedent needs to be verified (and not by asking ChatGPT to verify itself, as
Corporate & Commercial
Preservation of “Legal Issue” Grounds
By David Coale
In Ortiz v. Jordan, 562 U.S. 180 (2011), the Supreme Court “held that an order denying summary judgment on sufficiency of the evidence grounds is not apealable after a trial …. a party who wants to preserve a sufficiency challenge…
Savings Statute Certification
By David Coale
The complex trial-court system in Texas led to Tex. Civ. Prac. & Rem. Code § 16.065, which suspends limitations for 60 days after a dismissal for lack of jurisdiction. Simple enough, in theory. But in Sanders v. The Boeing Co.,…
Class, Certified.
By David Coale
The Fifth Circuit affirmed the certification of a class of GEICO car-insurance policyholders in Angell v. GEICO Adv. Ins. Co., holding, inter alia: 3 ways to breach 1 contract = 1 injury. “GEICO’s failure to remit any of the three…
FTC Non-Compete Rule Change Could Boost Wages and Innovation
By Joe Ahmad
The Federal Trade Commission proposed a new rule that would ban employers from imposing noncompetes on their workers, a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses. By stopping this practice,…
“Settled” Jurisdictional Questions
By David Coale
Complex litigation about the settlement of a patent dispute led to two straightforward jurisdictional holdings in National Oilwell Varco, LP v Auto-Dril, Inc.: Res judicata still applies. While “[p]arties may not waive the issue of subject matter jurisdiction,” it is…
Control Tower Checks Airport Litigation
By David Coale
Contentious litigation about the governance of the Jackson Municipal Airport again reached the Fifth Circuit in Jackson Municipal Airport Auth. v. Harkins, The Court accepted jurisdiction in a document-production dispute for reasons unique to governmental privilege, but its waiver reasoning…
Finding Finality
By David Coale
Among other issues presented by an unsuccessful attempt to relitigate an unsuccessful state-court takings claim in federal court, the Fifth Circuit reminded rhat the word “final” can have many meanings:…
A Shot in Time
By David Coale
Despite skepticism in other opinions about vaccination programs in response to the COVID pandemic (especially when religious-liberty issues are in play), the Fifth Circuit reversed and rendered judgment for a prison doctor who administered an antipsychotic drug to a dangerous…
A Commercial-Speech Beef
By David Coale
Turtle Island Foods (d/b/a Tofurky) makes plant-based food products, such as plant-based burgers, sausages, etc. It sued the Louisiana Agriculture Commissioner…