Executing a crazy person? Preposterously one-sided arbitration agreements? A forklift is a motor vehicle? Yes, yes, and yes, said the Fifth Circuit Court of Appeals over the course of the year.
Dollar General Owner Can Be Sued in Tribal Court – When do tribal courts have jurisdiction over torts committed by non-members on a reservation? Apparently often. The Fifth Circuit determined that an employment relationship between a tribe member and a non-member was enough to let the tribal court hear the case.
Texas Arbitration Agreements Can Be One-Sided and Legal – An employer can unilaterally terminate an arbitration agreement, but the employee can’t. Legal? It is in Texas, where the Fifth Circuit found that merely the agreement to arbitrate is itself sufficient consideration to make the agreement enforceable.
5th Circuit Makes Typo in Denying BP Settlement Rehearing – It looked like the Fifth Circuit granted the plaintiffs’ motion to dismiss BP’s request for an en banc rehearing – but that turned out to be just a typo.
Law Firm Partnership Agreement Dooms Partner’s Tax Deductions – The golden rule of partnerships is always look at the partnership agreement. Peter McLauchlan didn’t, and eventually discovered that otherwise-reimbursable expenses, like advertising and office supplies, weren’t reimbursable under his partnership agreement and thus couldn’t be deducted on his taxes as a business expense. Whoops.
5th Circuit Clerk Lyle Cayce Writes Us About Court’s Website – When FindLaw blogger William Peacock wrote a mixed review of the Fifth Circuit’s new website, he never dreamed someone would write back. And he especially didn’t think it would be the court’s clerk. Lyle Cayce wrote to explain that a mobile-friendly site was in the works and made the link to opinions on the front page more prominent, in response to Willie’s criticism. Hey, the Internet does work!
A Double Bench-Slapping and Appellate Advocacy Basics – Judges sometimes treat lawyering arguing before them shabbily. The lawyers’ recourse? Basically nothing. So if the judge interrupts you, that because he or she is a judge. Lawyers don’t get to interrupt. Unfair? You bet. But that’s the way it goes.
Starting 2014 With the Fifth Circuit: 3 Cases to Watch – The Fifth Circuit started the year with some contentious cases. A case about Texas abortion clinics (the U.S. Supreme Court stepped in, reinstated the district court’s injunction pending oral arguments at the Fifth Circuit); eagle feathers (nothing yet); and same-sex marriage (oral arguments coming in January).
BP Suffers Loss in Gulf Settlement Appeal: Time to Pay Up? – BP’s never-ending quest to escape the Deepwater Horizon settlement obligations it willingly agreed to just keeps arriving at the same result: Pay up!
A Forklift is A Motor Vehicle: Insurance Wisdom From the 5th Cir – If it’s self-propelled and can transport persons or things on a highway, that’s good enough for Louisiana to consider it a motor vehicle for insurance purposes. No word yet on Zambonis and riding lawnmowers.
Related Resources:
- Texas Craft Brewers Sue Over New Beer Distribution Law (FindLaw’s U.S. Fifth Circuit Blog)
- Texas, 16 Other States Sue Pres. Obama Over Immigration Orders (FindLaw’s U.S. Fifth Circuit Blog)
- Stay in Miss. Gay Marriage Case; Arg. Consolidated With La., Tex. (FindLaw’s U.S. Fifth Circuit Blog)
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
