Review of Fifth Circuit Civil Procedure Decisions: 2009-2010

Abstract

This article summarizes both reported and unreported Fifth Circuit cases that address significant procedural issues during the survey period of July 1, 2009, to June 30, 2010. For convenience of the reader, the cases are organized by rule of procedure, with earlier rules summarized first. Most of the summaries contain a brief factual background and the legal reasoning used to arrive at the Fifth Circuit's conclusion on issues interpreting the Federal Rules of Civil and Appellate Procedure. This article is intended as a reference, and the reader is encouraged to review the entire case in order to fully comprehend the precedent, substantive issues, and the Fifth Circuit's underlying analysis.