The 5th U.S. Circuit Court of Appeals “adopt[ed] a bright-line rule [on January 11, 2018]: Section 1446(b)(3)’s removal clock begins ticking upon receipt of the deposition transcript” as opposed to running from the date of the deposition testimony. The decision in Morgan v. Huntington Ingalls, Inc., et al, No. 17-30523, __ F.3d __ (5th
5th Circuit
On First Impression, U.S. 5th Circuit Recognizes its Jurisdiction to Review Summary Judgment Denials on Legal Issues Even After a Jury Trial
By Tod Everage on
Posted in General Litigation, Louisiana In General
The US Fifth Circuit recently published an opinion in Feld Motor Sports, Inc. v. Traxxas, LP, recognizing that it had jurisdiction to review a district court’s denial of a motion for summary judgment on a legal issue. This ruling was the first of its kind in the 5th Circuit, who now joins the 1st,…
U.S. 5th Circuit Affirms Attorneys’ Fee Sanction Against Defendant for Abuse of Judicial Process at Trial of Admiralty Case
By Kean Miller on
Posted in Admiralty and Maritime, General Litigation
Nearly everyone who has practiced civil litigation long enough has experienced a case so meritless that allegations of frivolity and the need for sanctions are thrown around. Despite these feelings, the typical result is a simple dismissal of the case and the defendant footing the bill. Rarely are sanctions ever actually awarded against the frivolous…