7 results for 'judge:"Engelhardt"'.
[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
[Consolidated] J. Engelhardt finds the district court improperly sentenced defendant, a Barrio Azteca member, for the murder of a U.S. consulate employee in Cuidad Juarez, Mexico, among others. Although the district court believed a consecutive life sentence for each of the murders was mandatory, while this case was pending, the Supreme Court held the bar on concurrent sentences does not extend to a sentence imposed under the applied code. Reversed in part.
Court: 5th Circuit, Judge: Engelhardt , Filed On: January 3, 2024, Case #: 22-50951, Categories: Murder, Sentencing, International Law
J. Engelhardt finds the district court properly enjoined the Department of Health and Human Services' guidance on the Emergency Medical Treatment and Active Labor Act, allegedly requiring providers to perform elective abortions. Texas alleges the guidance mandates elective abortions in excess of the department's authority and contrary to state law. The injunction is not overbroad, and the Act does not mandate abortion care. Affirmed.
Court: 5th Circuit, Judge: Engelhardt , Filed On: January 2, 2024, Case #: 23-10246, Categories: Health Care, Agency, Injunction
J. Engelhardt finds the district court properly determined that the Bureau of Alcohol, Tobacco, and Firearms has no authority to regulate part kits that might be incorporated into a “firearm” just because Congress enacted the Gun Control Act. The court, though, improperly vacated the bureau’s entire final rule rather than the challenged portions. Affirmed in part. Vacated in part and remanded.
Court: 5th Circuit, Judge: Engelhardt, Filed On: November 9, 2023, Case #: 23-10718, Categories: Administrative Law, Agency, Firearms
J. Engelhardt finds the district court properly dismissed the county employee’s civil rights complaint against the county arising on allegations of having been fired after making sexual assault complaints against a county judge. The county is only liable for the actions of its employees when an official policy or custom causes the injury. The judge lacked the requisite policymaking authority to hold the county liable for his alleged sexual misconduct. Affirmed.
Court: 5th Circuit, Judge: Engelhardt, Filed On: November 9, 2023, Case #: 22-50918, Categories: Employment, Immunity, Employment Retaliation
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J. Engelhardt finds the trial court properly convicted defendant, by guilty plea, for carjacking resulting in serious bodily injury and discharging a firearm in furtherance of a crime of violence or drug trafficking, sentencing him to 30 years in prison. After an argument about a "bad" or "fake" heroin sale, defendant struck the victim, pressed a gun into his back, and fired into his spine, paralyzing him. The weapon misfired when defendant put it to the victim's head. Defendant stole the victim's car, purposely driving over his legs and torso. The victim survived to testify, and the factual basis supports the guilty plea. The court’s imposition of an upward variance was neither procedurally nor substantively unreasonable. Affirmed.
Court: 5th Circuit, Judge: Engelhardt , Filed On: July 28, 2023, Case #: 22-30270, Categories: Firearms, Theft, Assault
J. Engelhardt finds the district court improperly granted the shipyard summary judgment on the ground that its mesothelioma-diagnosed employee’s state law tort claims are not preempted by the federal Longshore and Harbor Workers’ Compensation Act. The employee claims that he was negligently exposed to asbestos while working on U.S. Navy ships. Though concurrent jurisdiction is allowed as to certain claims under the Act, the employee’s claims, which arise from exposure in 1969, are not preempted by the version of the Act in place at that time. Reversed and remanded.
Court: 5th Circuit, Judge: Engelhardt, Filed On: June 12, 2023, Case #: 21-30761, Categories: Maritime, Tort, Jurisdiction