545 results for 'court:"5th Circuit"'.
J. Southwick finds the district court properly denied the inmate's request for sentence reduction. Convicted for offenses involving crack and powder cocaine, as well as for firearm use, the inmate says his drug convictions are covered by the Fair Sentencing Act. Though the act covers crack cocaine convictions, penalties for powder cocaine offenses are not covered, leaving the guidelines range unchanged for those. The court did err in dismissing a second motion for lack of jurisdiction, though the inmate's arguments did not address the possibility that the bar against a second motion might be mandatory, because of which the motion must still be dismissed. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: May 21, 2024, Case #: 22-50938, Categories: Drug Offender, Sentencing
J. Haynes finds the district court properly entered order denying the creditor's proof of claim filed after the debtor's reorganization plan was confirmed. The bankruptcy court considered equitable factors, including the fact that the creditor did not identify any reason for its nearly year-long delay in seeking a post-confirmation amendment. The court did not abuse its discretion in denying the creditor's motion to ratify the second amended proof of claim. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: May 21, 2024, Case #: 23-10660, Categories: Bankruptcy, Due Process
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to the employer. The employee resigned and filed suit for failure to accommodate her disability--a diagnosed anxiety disorder-- after being subjected to stalking, cyberstalking, and harassment by the girlfriend of one of her co-workers. The employee did not notify the employer of her disability until later, and it was accommodated then. Certain employer actions were isolated incidents, insufficient to establish a hostile work environment, and the employee did not properly plead retaliation and constructive discharge, raising those claims first in her response to the summary judgment motion. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 21, 2024, Case #: 21-20547, Categories: Employment Discrimination, Employment Retaliation
J. Graves finds the district court properly entered order instructing the Bureau of Prisons to use funds from the inmate's account to cover restitution. Found guilty on multiple counts of bank robbery, carjacking, and weapons charges, the inmate's sentence included restitution of $24,025 to the banks. The court granted the government's motion to transfer funds after the inmate had paid over $2000 in restitution yet had accumulated $18,000 in his inmate trust account. It is undisputed that the gov't. had a lien on the inmate's property upon the entry of judgment and the court did not err in finding that it had not terminated. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: May 20, 2024, Case #: 23-30005, Categories: Robbery, Restitution
J. Dennis finds the district court properly convicted defendant for transporting undocumented aliens. Defendant was arrested after a Border Patrol canine alerted to the presence of people in his tractor trailer. At trial, defendant sought to suppress, arguing that the dog could not provide reasonable suspicion to search the vehicle because it cannot reliably differentiate between scents of a driver and others concealed in the vehicle. The canine is specifically trained to detect concealed humans, and alerts to stimulus such as respiratory and posture changes. The dog's alerts and indications provided the agent with reasonable suspicion to conduct the search, and defendant's motion to suppress was properly overruled. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: May 17, 2024, Case #: 23-40366, Categories: Immigration, Search
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the circuit finds the district court improperly convicted defendant by guilty plea for being an unlawful drug user in possession of a firearm. Police were dispatched in response to a report of a fight involving a firearm. During a search of the residence, officers found multiple stashes of marijuana, as well as multiple firearms. Defendant was mirandized but agreed to talk with an ATF agent. Defendant admitted to firearm possession and drug use, though he had a medical marijuana card from New Mexico. The court erroneously invoked historical laws disarming dangerous groups to uphold the facial constitutionality of its cited statute, while it also relied on several cases but did not scrutinize the analysis done by the courts. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-50525, Categories: Constitution, Drug Offender, Firearms
J. Jolly finds the district court properly remanded the class action to state court. The data privacy dispute was brought under allegations the healthcare-associated entity embedded tracking pixels onto its website sharing private information with third-party websites. Though the company says it acted under the direction of a federal officer, at least two other circuits have found a hospital does not act under the direction of the federal government when maintaining an online patient portal utilizing tracking pixels. The federal relationship is weak, and the company cannot show that it acted pursuant to a federal officer’s directions for purposes of federal officer removal. Affirmed.
Court: 5th Circuit, Judge: Jolly , Filed On: May 13, 2024, Case #: 23-30522, Categories: Health Care, Privacy, Jurisdiction
J. Jones finds the district court properly declined to vacate the bankruptcy court's judgment removing certain members of the official committee of unsecured creditors. The members were appointed as part of the archdiocese's bankruptcy proceedings, which had been initiated in response to sexual abuse lawsuits. Certain members were removed for disclosing sensitive information about the case, including the names of priests. Any lack of proper notice does not violate a protected interest when there is no underlying right to remain on the committee. The members' rights as creditors in the case have not been impaired by their removal. They were not sanctioned and also lack standing to appeal from the bankruptcy court to the district court. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: May 13, 2024, Case #: 22-30539, Categories: Bankruptcy, Civil Rights, Tort
Per curiam, the circuit finds the district court improperly dismissed the insurer's petition to appoint an umpire for lack of subject matter jurisdiction. The company refused to pay an additional $349,000 after paying the hail-damaged property owner $61,000 after deductions. The court erroneously concluded the petition did not meet the amount-in-controversy requirement for diversity jurisdiction. The company's petition establishes an amount in controversy of more than $75,000, meeting requirements for diversity jurisdiction. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-10888, Categories: Insurance, Property, Jurisdiction
J. Ho dismisses the strip club's appeal for lack of jurisdiction. District courts have upheld the state bill raising the minimum age of employment at sexually oriented businesses from 18 to 21 years old against constitutional attack in multiple cases. The club does not argue the law burdens the constitutional rights of the business. It does not allege the age of the dancers plays a role in any message that it intends to convey, that it possesses a constitutional right to hire certain employees or that the law deprives it of equal protection. The club has not alleged an injury in fact.
Court: 5th Circuit, Judge: Ho , Filed On: May 7, 2024, Case #: 22-50612, Categories: Constitution, Jurisdiction
J. Davis finds the district court properly convicted the doctor for unlawful distribution of controlled substances based on sufficient evidence. After the health management company developed concerns about the doctor's inability to maintain patient and medication records, warning him several times, he was terminated and opened a private practice. The DEA launched an investigation into his prescriptions after receiving a tip from a confidential informant, and the ensuing sting operation led to the doctor's arrest. That the prescriptions lacked a legitimate medical purpose is established in that they were issued outside the usual course of professional practice. Affirmed.
Court: 5th Circuit, Judge: Davis , Filed On: May 6, 2024, Case #: 23-30191, Categories: Drug Offender, Fraud, Jury Instructions
J. Oldham finds the district court properly denied qualified immunity for the Houston officers. The good Samaritan was arrested after effectuating a citizen's arrest after a drunk driver crashed. He was charged with felony impersonation of an officer and spent thousands of dollars defending himself before the city dropped the charges. The Samaritan's actions were in accordance with Texas law, and the only evidence he impersonated an officer was the drunk driver’s statement that he identified himself as police. The driver was highly intoxicated and gave other, wildly inconsistent statements, and no reasonable officer could have suspected a felony had occurred. A corrected warrant affidavit could not have established probable cause. Affirmed.
Court: 5th Circuit, Judge: Oldham , Filed On: May 3, 2024, Case #: 22-20621, Categories: Civil Rights, Immunity, Police Misconduct
J. Willett grants the chamber of commerce's petition for a writ of mandamus challenging the district court's denial of a preliminary injunction. The chamber calls into question a final rule issued by the Consumer Financial Protection Bureau decreasing the safe harbor amount for charging credit card late fees. The chamber had a short window of time to comply with the rule or seek the injunction. The court’s inaction amounted to an effective denial of the injunction. The district court also lacked jurisdiction to transfer the case after this appeal was docketed.
Court: 5th Circuit, Judge: Willett , Filed On: May 3, 2024, Case #: 24-10266, Categories: Commerce, Banking / Lending, Injunction
J. Elrod finds the district court improperly dismissed the flight attendants' injury claims as time-barred. The Texas Supreme Court answers certified questions confirming that certain civil practice and remedies code applies to invoke a prior district court’s subject matter jurisdiction with proper pleading. The code applies here where the Dallas district court dismissed the previous action for lack of jurisdiction and this second action was filed within 60 days after the flight attendants exhausted all appeals from that dismissal. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: May 2, 2024, Case #: 22-20317, Categories: Employment, Tort, Negligence
Per curiam, the circuit finds the district court improperly sentenced defendant on his guilty plea conviction for purchasing firearms by false statement. Defendant, an American citizen, purchased firearms for Mexican citizens, and was sentenced, in part, for furnishing firearms to "prohibited persons." The government failed to meet its burden of proving he bought the firearms with knowledge they would be transferred to a “prohibited person," as statutorily defined. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 2, 2024, Case #: 23-50069, Categories: Firearms, Sentencing
J. Smith denies the Mexican citizens' petition for review of the Board of Immigration Appeals' denial of their application for asylum and relief under the Convention Against Torture. Petitioners entered the U.S. without documentation and say that the Mexican Navy will persecute and torture them in order to stop the mother's campaign to hold the military responsible for her son's disappearance. Though the immigrants are not required to establish past persecution in order to support the possibility of future persecution, that the mother had publicly spoken out against the Navy via news media repeatedly for months without suffering harm does not support the claims of persecution.
Court: 5th Circuit, Judge: Smith , Filed On: May 1, 2024, Case #: 23-60089, Categories: Evidence, Immigration, International Law
[Consolidated.] J. Engelhardt finds the district court improperly found the Indian citizen's claims are governed by the Jones Act and general maritime law. The Indian citizen says he contracted malaria in Africa while working on a Liberian ship managed by the Singaporean ship management company. The ship worker suffered gangrene, having several toes amputated, and contends the management company failed to provision the ship while in a U.S. port despite knowing it lacked antimalarial medication. He has not asserted or shown the relevant portions of the law of Singapore or India conflict with the law of Liberia; therefore, the law of the ship's flag prevails. Reversed.
Court: 5th Circuit, Judge: Engelhardt , Filed On: May 1, 2024, Case #: 22-30758, Categories: Health Care, Maritime, Choice Of Law
Per curiam, the circuit finds the district court properly dismissed a doctor's defamation, fraud and age discrimination claims. Utilizing the medical personnel placement service, says he was not selected for a position for which he was referred because of his age. The service did not fail to refer him for employment and the employer did not hire him due to a lack of specific federal experience. The employer's statement the doctor was "difficult to reach" is not defamatory and the record does not support his claims of fraud. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 23-11066, Categories: Fraud, Defamation, Employment Discrimination
J. Jones finds the district court improperly awarded more than $1.6 billion in contract and fraudulent inducement damages. The competing software companies entered into a licensing and outsourcing agreement authorizing IBM to use the other company's software. This led to AT&T, a customer of the other software company, entering into a relationship with IBM to replace its software. Though a certain non-displacement provision prevented IBM from displacing the other company's software with its own, the relevant phrase, “other valid business reasons,” allows for the displacement at AT&T’s request. Reversed.
Court: 5th Circuit, Judge: Jones , Filed On: April 30, 2024, Case #: 22-20463, Categories: Fraud, Contract, Technology
Per curiam, the circuit finds the district court properly convicted defendant for Hobbs Act robbery and knowingly discharging a firearm during a crime of violence. Security footage, as well as multiple witness accounts, support the conviction for defendant's armed robbery of the night club where he worked as a security guard. The trial court properly admitted evidence of a prior armed robbery and applied the career offender sentencing enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-20021, Categories: Firearms, Robbery, Sentencing
J. Smith finds the bankruptcy court improperly denied the Electric Reliability Council's motion to abstain. The energy company filed for bankruptcy after receiving a bill for nearly $300 million resulting from the council's production-incentivizing price manipulation in response to the 2021 winter storm in Texas. The council sought payment and the energy company initiated an adversarial proceeding challenging its proof of claim. The council moved to dismiss, alternatively requesting the bankruptcy court abstain. Though the circuit finds the council is not an arm of the state, and not entitled to immunity, the U.S. Supreme Court requires abstention under guiding case law. Texas’s interest in utility regulation and litigation, and its protection of the electricity-related public interest, is the more significant concern. Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: April 29, 2024, Case #: 22-20603, Categories: Administrative Law, Bankruptcy, Energy
Per curiam, the circuit denies the Mexican citizen's petition for review of the denial of withholding of removal. Though the immigrant has established membership in the LGBTQ social group as a transgender woman and, therefore, having a greater chance of being assaulted, tortured, or murdered in Mexico, the potential incidents cited do not rise to the level necessary to support withholding of removal. Though it may be true the police target transgender women, reversal under the substantial evidence standard is improper unless evidence not only supports reversal but compels it.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-60225, Categories: Immigration, Lgbtq
Per curiam, the circuit finds the district court properly denied the parents' motion to amend or correct the dismissal of their claims against a school district after their son, who suffers from cerebral palsy, was allegedly injured by a district employee who helped him use the bathroom on a school trip. The education and disability claims were dismissed for lack of subject matter jurisdiction. The parents fail to show the court made a cognizable “mistake” of law under the cited rule of civil procedure. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-40474, Categories: Civil Rights, Education, Negligence
J. Smith finds the district court improperly found the insurer owed the racing event organizer a duty to defend. The organizer sought legal defense when injured parties and estates of deceased sued after a vehicle careened into the crowd of spectators. A motor vehicle exclusion unambiguously excludes coverage for the damages at issue. The policy is not "illusory," as claimed by the organizer, as it does cover spectator slip and falls. Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-50336, Categories: Insurance, Damages, Wrongful Death
Per curiam, the circuit finds the district court properly dismissed civil rights claims filed by the individual against whom criminal trespass warnings were issued. He asserts more than 100 civil claims seeking millions of dollars in damages. Qualified immunity shields officials performing discretionary functions from civil liability. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 26, 2024, Case #: 23-11190, Categories: Civil Rights, Government, Damages
J. Smith finds the district court properly denied the firearm advocates' request for a preliminary injunction. The advocates challenge provisions of the Bipartisan Safer Communities Act of 2022, saying the government has shown no historical analogue for expanded background checks for 18- to 20-year-olds. The 10-day waiting period for background checks is not abusive, nor does it impose a de facto prohibition on possession. Existing case law makes clear that background checks are constitutional. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-10837, Categories: Administrative Law, Constitution, Firearms
Per curiam, the circuit finds the district court improperly ordered defendant to pay $6,000 in restitution to the victim's mother. Defendant pleaded guilty to two counts of production of child pornography in exchange for the government's dismissal of five other counts. The presentence report cites inapplicable statutes and the court failed to conduct the required proximate-cause analysis. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 25, 2024, Case #: 22-11001, Categories: Restitution, Due Process, Child Pornography
J. Douglas finds the district court properly ruled in favor of the pecan farm in this negligence suit. The suit arose from water damage caused by a "120-year flood" exacerbated by the strip miner's groundwater pit's breach, which released a deluge onto the farm's property. Based on evidence presented, including that showing prior breaches, the jury could reasonably conclude it was foreseeable that water would gather in the pit in such large quantities that when it overflows it could flood surrounding land. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: April 25, 2024, Case #: 23-50330, Categories: Agriculture, Water, Negligence
J. Higginson finds the district court properly convicted defendant for wire fraud, bank fraud and conspiracy. Defendant committed extensive fraud in connection with student loan applications submitted on behalf of real and fictional students. He concealed his identity as a paid application preparer, also falsely representing student eligibility, qualifications and academic history, and paying people to impersonate students. Though post-trial counsel suggested defendant was delusional, and without the ability to understand the proceedings, the district court conducted a careful evaluation of his lack of history of irrational behavior, his demeanor and behavior at trial, and medical records and opinions regarding his competency. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: April 25, 2024, Case #: 23-30069, Categories: Competence, Fraud, Conspiracy
J. Ho finds the district court improperly certified the class of investors alleging the petroleum corporation fraudulently misrepresented the value of its oil field project. During certification proceedings, the investors presented new evidence in a reply brief involving an after-hours disclosure of a dry well, giving the corporation no fair opportunity to address it. The district court failed to permit the corporation to file a sur-reply responding to the evidence. Vacated.
Court: 5th Circuit, Judge: Ho , Filed On: April 25, 2024, Case #: 23-20424, Categories: Energy, Fraud, Securities