The following are summaries of selected civil opinions issued by the Fifth Circuit in September 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Department of Labor’s minimum salary requirement did not exceed its delegated power to interpret the Fair Labor Standards Act’s “White Collar Exemption.” Mayfield v. United States Department

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from April 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of October 3, 2024. EVIDENTIARY SUFFICIENCY – Proving Defendant’s Identity in Probation-Revocation Proceedings. Evidence was sufficient to prove that Defendant who violated probation was the

The following are summaries of selected civil opinions issued by the Third Court of Appeals during September 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of October 9, 2024. ADMINISTRATIVE LAW: Court affirms where party fails to rebut presumption of sufficient notice of a hearing. St. George Affordable Auto, LLC d/b/a Skyline

Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today on either the App Store or the Google Play Store. CIVIL Robert Lindsay Duncan and Molly Duncan v. Estate of Cheryl Wheeler Sanders and Estate of Robert Reed Sanders Cause No: D-1-GN-16-002071 Judge: Amy Clark Meachum, 201st Civil

Years ago, I missed my firstborn’s birth. My client had an emergency guardianship hearing involving financial predation of their aunt, who was so far gone she was stuffing contact lenses into her eyes until they bled.  We get our time in when we can: homework, dinner, bedtime routine, trips to the grocery store, music lessons, day camps, friend dates to

The following are summaries of selected civil opinions issued by the Fifth Circuit in August 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Federal agency lacked statutory authority to promulgate decisional rules for insurance rate arbitrators. Tex. Med. Ass’n v. U.S. Dep’t of Health & Hum. Servs., 110 F.4th 762

The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Sept. 13, 2024.  TRIAL PROCEDURE: Commercial-speech exemption barred TCPA dismissal.  Carpenter v. Daspit Law Firm, PLLC, No. 03-22-00466-CV (Tex. App.—Austin Aug. 14, 2024, no pet. h.)

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from February 2024.  The summary is an overview; please review the entire opinions.  The subsequent history is current as of Sept. 5, 2024. LESSER-INCLUDED OFFENSES: Assault on a public servant vs. resisting arrest. Resisting arrest was not a lesser-included offense of assault on a

Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today on either the App Store or the Google Play Store. CIVIL Fortunate Payne and Josselyn Martinez v. Cynthia Owens Cause No: D-1-GN-22-002136 Judge: Daniella Deseta Lyttle, 261st Civil District Court Dates: Aug. 5 – 7, 2024 Attorneys:Plaintiffs:

Family Law – Divorce Decrees Douglas W. Alexander Alexander Dubose & Jefferson, for Petitioner In The Matter of The Marriage of Carlos Y. Benavides, Jr. and Leticia R. Benavides The issues in this case are (1) whether, and in what circumstances, a guardian may petition for divorce on behalf of a ward and (2) the effect of one spouse’s death on the