The United States Court of Appeals for the Fifth Circuit has issued an en banc decision in Williams v. Taylor Seidenbach Incorporated that is designed to re-connect the law of federal appellate jurisdiction with common sense....more
For the second time this year, the United States Court of Appeals for the Fifth Circuit has issued a decision interpreting and applying the New York Convention in an international arbitration case. In the most recent...more
In Texas Brine Co., L.L.C. v. American Arbitration Association, the United States Court of Appeals for the Fifth Circuit recently addressed a question of first impression involving an interesting twist on removal...more
Formalism matters in federal court. One cannot obtain access to the courtroom without presenting the jurisdictional key to the courtroom door. A fundamental principle of subject matter jurisdiction is that parties asserting...more
7/16/2019
/ Appeals ,
Article III ,
Citizenship ,
Diversity Jurisdiction ,
Evidence ,
Limited Liability Company (LLC) ,
Partnerships ,
Principal Place of Business ,
Remand ,
Residency Status ,
Standing ,
State of Incorporation ,
Statutory Requirements ,
Subject Matter Jurisdiction
Federal Rule 52(a) requires that when a district court conducts a bench trial, it is obliged to “find the facts specially.” In its recent significant decision in ENI US Operating Co., Inc. v. Transocean Offshore Deepwater...more
Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more
3/9/2019
/ Appeals ,
Consultants ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Oil & Gas ,
Penalties ,
Popular ,
Right to Control ,
Staffing Agencies ,
Statutory Penalties ,
Totality of Circumstances Test ,
Unpaid Overtime ,
Well Drilling ,
Written Agreements