If Woodrow Wilson and James Landis seem alarmed in the picture to the right, it may be that they had a premonition about the Fifth Circuit’s 2021-22 skepticism toward the structure of the SEC. Following a 2021 loss in Cochran…

The unsuccessful parties in the NetChoice v. Paxton litigation have asked the Supreme Court, through Circuit Justice Alito, for an emergency stay. A response is due May 18.
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“Springboards to Education” returned to the Fifth Circuit with another unsuccessful trademark-infringement lawsuit against a school district: “One decisive fact remains all the same: sophisticated school-district customers can tell the difference between goods Springboards is selling them and goods and…

Badgerow v. Walters recently returned to the Fifth Circuit after the Supreme Court’s clarification that a “‘look-through’ approach to determining federal jurisdiction does not apply to requests to confirm or vacate arbitral awards under Sections 9 and 10 of the…

A Fifth Circuit motions panel granted Texas’ request to stay a preliminary injunction against that state’s law about content moderation by major social media platforms; commentators suggest that a rapid Supreme Court appeal will now occur. (The asterisk below…

Two new Federal Rules of Appellate Procedure have been finalized and transmitted to Congress, they clarify earlier rule 25 about privacy protection, and 42 about voluntary dismissal.
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Here is the PowerPoint from my presentation for the Dallas Bar Association today. And if you prefer it as a .pdf, here it is in that format.
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