Triumph At The Fifth Circuit

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

The top ten largest class action settlements in securities cases in the U.S. have recouped tens of billions of dollars in damages.

A Fifth Circuit Court of Appeals ruling harshly criticizes a federal district judge for relying on AI-generated content in legal orders, revealing fabricated facts and poor legal analysis. The decision raises critical questions about the use of generative AI in legal practice and whether lawyers who adopt such technology are compromising their ethical obligations of competence, confidentiality, and integrity.

On the morning of July 4, 2025, catastrophic flooding on the Guadalupe River took 135 lives across the Texas Hill Country. Twenty-eight of them—25 school-aged campers, two young counselors and the camp's co-executive director—were at Camp Mystic, a century-old girls' camp near Hunt.

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.

Two federal courts have reached opposing conclusions on whether expert witnesses must disclose their AI prompts during discovery. While one court treats prompts as discoverable methodology, another protects them as mental impressions while requiring disclosure of AI-generated outputs the expert consulted.

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga

The U.S. Supreme Court will review a constitutional challenge to an 1868 federal law banning home distilleries, creating an opportunity to resolve a circuit split between the 5th and 6th Circuit Courts of Appeals. The case centers on whether the prohibition violates the Constitution's Taxation Clause or represents a legitimate exercise of congressional power to prevent tax evasion.

An ICC tribunal has ruled in favor of Galp in its dispute with Venture Global over the Calcasieu Pass LNG facility, finding that Venture Global breached its obligation to declare the facility operational in a timely manner. This decision adds to a series of contrasting outcomes in similar disputes involving other buyers, with damages yet to be determined in a hearing scheduled for 2027 or 2028.

A US federal court confirmed a $350 million arbitral award against the Republic of Georgia and enforced a contractual post-judgment interest rate of SOFR plus four percent, compounding monthly, rather than the lower statutory rate. The decision demonstrates how carefully drafted contractual language extending interest "after as well as before judgment" can result in substantially higher recoveries for creditors in international arbitration enforcement proceedings.

Casual observers will be quick to attribute these judicial election results to the effect of Donald Trump on down-ballot races.

On May 1, 2025, the Texas House of Representatives passed House Bill 366 (HB 366), a significant piece of legislation aimed at addressing the growing...

The MCS-90 endorsement is one means by which an interstate motor carrier can demonstrate compliance with minimum financial requirements established by federal statute and regulations.

Federal district courts are a crucial part of our judicial system. They not only handle cases arising under federal law (such as copyright, anti-discrimination statutes, and constitutional questions)...

Last year, the First Court of Appeals serving the Houston, Texas area held that the Texas Residential Construction Liability Act (RCLA) "does not permit a plaintiff to recover attorney ...

OpenAI, the private AI research and deployment company, released ChatGPT to the public in November 2022. ChatGPT is a generative AI chatbot that enables human-like conversations.

In the latest episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL's video series covering important legal developments for energy industry professionals...

Yesterday, Christi Craddick—one of the State's three elected Railroad Commissioners—introduced the Texas Oilfield Relief Initiative, a nine-point plan aimed at easing regulatory burdens on the energy industry.

A federal judge in Sherman, Texas on Monday issued an injunction blocking enforcement of the City of Dallas Paid Sick Leave Ordinance ("Ordinance").

Several states have already attempted to pass legislation declaring that shutdowns caused by COVID constitute property damage under insurance policies. That, of course, will probably run afoul of the Contract Clause of the Constitution.