Whether the Fifth Circuit failed to follow its own precedent when declining to conduct a plain error review of the sufficiency challenge due to inconsistencies in the opinions

QUESTIONS PRESENTED 1. Whether the Fifth Circuit failed to follow its own precedent when declining to conduct a plain error review of the sufficiency challenge due to inconsistencies in the opinions. 2. Whether the judgment against FBM would have been reversed if the Fifth Circuit had reviewed the jury verdict for plain error. 3. Whether there is a split in the Circuit Courts on the issue of performing appellate review of sufficiency challenges for plain error when a party fails to comply with Fed. R. Civ. P 50. i