Tag Archives: Fifth Circuit

Fifth Circuit Holds That the TCPA Does Not Apply in Federal Courts

Resolving a longstanding uncertainty in federal district courts, the Fifth Circuit has held that the Texas Citizens Participation Act (TCPA) conflicts with federal procedural rules and therefore does not apply in diversity cases. The TCPA is an anti-SLAPP statute (Strategic Litigation Against Public Participation).  It is intended to provide a speedy process to resolve litigation … Continue Reading

Fifth Circuit Denies Attorney Fees Where Attorneys Created Claim for Purpose of Generating Excessive Fee Request

The Fifth Circuit has affirmed a denial of all attorney fees under the Fair Debt Collection Practices Act based on the “outrageous facts” and the conduct of the plaintiff’s attorneys. Crystal Davis alleged that Credit Bureau of the South violated Texas and Federal Debt Collection Practices Acts by using the words “credit bureau” in its … Continue Reading

New Fifth Circuit Judge Confirmed

On Tuesday, March 20th, 2014, the United States Senate voted unanimously to confirm President Obama’s nomination of Greg Costa to the Fifth Circuit Court of Appeals.  Judge Costa previously was appointed as a federal district judge for the Southern District of Texas, Galveston Division, in April of 2012.  Prior to his appointment to the federal … Continue Reading

Determining Diversity of Jurisdiction for Limited Liabililty Corporations

For the purpose of determining diversity jurisdiction, is a limited liability company a citizen of the state where it is organized or is it a citizen of the states of which its members are citizens?  In an issue of first impression, the Fifth Circuit, in Harvey v. Grey Wolf Drilling Co., held that a limited liability company, for diversity jurisdiction … Continue Reading