Results for: extrinsic evidence

The same week as the en banc vote in the whooping crane litigation, the Fifth Circuit analyzed “Whoomp! (There It Is).”  The unfortunate song has been mired in copyright infringement litigation for a decade; the district court entered judgment for the plaintiff for over … Continue reading

Constango Operators Inc. built a pipeline beneath the Atchafalaya Channel.  Unfortunately, the Corps of Engineers neglected to forward information about that new pipeline to its Waterways Division, which supervises dredging operations. A dredging barge operated by Weeks Marine (the G.D. … Continue reading

In Star-Tex Resources, LLC v. Granite State Ins. Co., the parties disputed whether an “auto exclusion” barred coverage in a personal injury case.  553 F. App’x 366 (5th Cir. 2014).  The Fifth Circuit concluded that it was not possible to determine … Continue reading

The Fifth Circuit addressed several important business litigation topics in May-August of 2013: 1.       Borrowers survive.  Mortgage servicers still won many cases, including a published opinion rejecting claims of “robosigning.”   Three times, however, the Fifth Circuit reversed Rule 12 dismissal … Continue reading

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