Archer Western v. McDonnel Group — 5th Cir. (Sep 3, 2026)
The Fifth Circuit hears a dispute between Archer Western and the McDonnel Group, construction partners on an Orleans Parish project. Archer Western sued over their joint venture, including demands for additional project funding. McDonnel defeated those demands and the remaining trial claims, but lost a separate dispute over settlement funds. It then sought its legal fees under the joint venture agreement. The district court denied the request because Archer Western had not been found to breach that agreement. McDonnel's appeal challenges whether a separately litigated breach-of-contract claim was necessary.
Archer Western v. McDonnel Group (No. 25-30739) — U.S. Court of Appeals for the Fifth Circuit, argued September 3, 2026.
Sources
Appellate opinion — Fifth Circuit, October 5, 2026:https://www.ca5.uscourts.gov/opinions/unpub/25/25-30739.0.pdf
Argument audio — Fifth Circuit:https://www.ca5.uscourts.gov/OralArgRecordings/25/25-30739_9-3-2026.mp3
Argument date and counsel — Fifth Circuit recording record:https://www.ca5.uscourts.gov/oral-argument-recordings/results?docket=25-30739
Case and counsel appearances — Fifth Circuit docket:https://dockets.justia.com/docket/circuit-courts/ca5/25-30739
Fee-denial order — district court, November 17, 2025, pp. 2–8:https://www.govinfo.gov/content/pkg/USCOURTS-laed-2_22-cv-05323/pdf/USCOURTS-laed-2_22-cv-05323-13.pdf
Randall Smith — current firm biography:https://www.smithfawer.com/attorney/smith-randall-a/
Smith firm affiliation — Chambers 2026 editorial:https://chambers.com/lawyer/randall-a-smith-usa-5%3A26599697
McDonnel trial counsel — Smith & Fawer case report:https://www.smithfawer.com/blog/2025/06/smith-fawer-secures-jury-win-dismissing-multimillion-claims/
Jeremy Grabill — current firm biography:https://www.phelps.com/professionals/jeremy-t-grabill.html
Grabill firm corroboration — opposing counsel's Supreme Court service record (separate case):https://www.supremecourt.gov/DocketPDF/25/25-257/374432/20250911143250042_2025-09-11%20Zyla%20Final%20Waiver.pdf
Claims and defenses — Federal Rules of Civil Procedure 8 and 13:https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf
Counterclaim/defense distinction — Leoris, district court opinion, pp. 7–8:https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_18-cv-02575/pdf/USCOURTS-ilnd-1_18-cv-02575-1.pdf
- 0:00Introduction
- 0:46Advocate — Randall Smith
- 8:09Counterclaim and defense
- 16:12Advocate — Jeremy Grabill