In our #12Months12Circuits series it’s time to drink an entire Fifth. Now, regular listeners will be very familiar with the Fifth Circuit’s waters and may hesitate from such an undertaking. But true fans of the federal courts of appeals should be pleased, as we take an even closer look than we have before at the ins-and-outs of the federal circuit for Louisiana, Mississippi, and Texas. To help us we welcome on Jessica Underwood, a former Fifth Circuit clerk and now an attorney in Austin, Texas. She reports on a recent Fifth Circuit case on the False Claims Act, explains what the FCA does, and how it accounts for billions of dollars in litigation. In addition to discussing the court’s analysis of what makes for a proper FCA claim, Jessica digs into a concurrence that argues the FCA might be unconstitutional. Then, IJ’s Christie Hebert tells us of another recent Fifth Circuit opinion, this one about a guy who made a living transmitting public data about criminal defendants to potential defense attorneys. That worked well until the court started making some of the information private. Did he have a claim? No, it turns out. But the discussion gets into how the First Amendment might apply—sometimes—to information in the hands of the government.
Montcrief v. Peripheral Vascular Assocs.
Recent Episodes
Short Circuit 450 | Cocaine in the Curtilage
If you’ve ever seen the 1971 flick “The French Connection” you may know a bit about hiding illegal drugs inside the bodies of cars. Someone […]
Listen NowShort Circuit 449 | Supreme Court Preview
Our annual Supreme Court term preview, this year from Wake Forest Law and released today, First Monday, the first day of the Supreme Court’s new […]
Listen NowShort Circuit 448 | Are Prediction Markets Legal?
We’ve all seen the ads for prediction markets, like Kalshi, and some of us have even placed bets with them. But are they actually “bets”? […]
Listen NowShort Circuit 447 | How Constitutional Are Your Claims?
We focus on a district court case that has appellate court explanatory power. As our special guest Professor Robert Steinbuch says, if you reside in […]
Listen Now