By now, attorneys practicing in the Fifth Circuit should know that if a case is in federal court on the basis of diversity jurisdiction, they must ensure that the record supports the diversity of citizenship requirement, lest...more
From the perspective of both buyer and seller, warranties are an important part of any commercial transaction. It is well established that the Uniform Commercial Code (the “UCC”) will imply certain warranties into some...more
Before a buyer of “goods” can bring a breach of warranty claim, Section 2-607(3) of the Uniform Commercial Code requires that it, “within a reasonable time after he discovers or should have discovered any breach[,] notify the...more
PLAINTIFF FAILED TO ESTABLISH DEFENDANTS’ MINIMUM CONTACTS IN BREACH OF CONTRACT CASE -
The Fifth Circuit recently affirmed the dismissal of a case for lack of personal jurisdiction, concluding that the case was “Florida’s...more
If an adverse final judgment is rendered against your client, you likely will want to research the mechanics of posting a bond in order to prevent execution on the judgment while you appeal it. The Federal Rules of Civil...more