In Smith Group JJR, PLLC v. Forrest General Hospital, a dispute about an architect’s fee, the appellant argued that “the district court erred by considering extrinsic evidence bearing on the meaning of the term ‘actual contstruction cost’ in the parties’ agreement. … Continue reading
The Fifth Circuit addressed the doctrine of mistake under Louisiana law in Fruge v. Amerisure, 663 F.3d 743 (2011). After reminding that choice-of-law issues are waived unless presented to the district court, the Court considered reformation of an insurance policy under general contract principles. … Continue reading
A boat sank during a hurricane, leading to an insurance-coverage dispute about whether the boat was in not located in the place warranted by the insured. The insurance policy at issue had two “incorporation” clauses. “The first provides that ‘[t]his … Continue reading
The parties in IQ Products Co. v. WD-40 Co.disputed whether an arbitration agreement was limited to “propane/butane-propelled produicts” or also “carbon dioxide-propelled products.” The party who prevailed in the arbitration relied mainly on the parties’ subsequent conduct to justify the broader … 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 Angus Chemical Co. v. Glendora Plantation, Inc., an industrial facility had an easement that gave it “the right to construct, maintain, inspect, operate, protect, alter, repair, replace and change” a pipeline. No. 14-30416 (March 24, 2015). The company plugged and … Continue reading
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
The parties to a contract about the construction of a barge disputed whether an amendment required price adjustments based on the price of steel. Blessey Marine Services, Inc. v. Jeffboat, LLC, No. 13-30731 (Nov. 10, 2014, unpublished). In a pretrial … Continue reading
In Bluebonnet Hotel Ventures, LLC v. Wells Fargo Bank, N.A., the Fifth Circuit considered whether there had been an “[e]rror that vitiates consent” because of a “failure of cause” about an interest rate swap agreement, so as to allow its cancellation … Continue reading
First case: Highland Capital sued Bank of America for the alleged breach of an oral contract to sell a $15.5 million loan. After the Fifth Circuit reversed the dismissal of this claim under Rule 12(b)(6), it affirmed summary judgment for the defendant … 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
In Temple v. McCall, the Fifth Circuit confronted a series of property conveyances with ambiguous language about whether mineral rights were included. No. 12-30661 (June 20, 2013). The Court affirmed, approving the weight given by the district court to expert … Continue reading
An assignment of royalty interests for a continental shelf project had this “calculate or pay” clause: “The overriding royalty interest assigned herein shall be calculated and paid in the same manner and subject to the same terms and conditions as the landowner’s … Continue reading
The Fifth Circuit’s recent opinions about CAFA jurisdiction have focused on two main issues. The first is the definition of a “mass action,” which like a class action can justify federal diversity jurisdiction; the second is the scope of the “local controversy” exception … Continue reading
In Ergon-West Virginia, Inc. v. Dynegy Marketing & Trade, the Fifth Circuit found that Dynegy had no duty under two natural gas supply contracts to attempt to get replacement gas after a declaration of force majeure in response to hurricane damage, affirming the … Continue reading
The parties in Ballard v. Devon Energy disputed when a provision in an oil field joint operating agreement, about the effect of “surrendering” certain leases, would apply. No. 10-20497 (April 19, 2012) The Court affirmed the denial of leave to amend the plaintiff’s … Continue reading
