2020 Fifth Circuit US Court of Appeals Case Law
Opinions 1001 - 1500 of 2844
Date: August 10, 2020
Docket Numbers: 19-30492, 19-30829
Justia Opinion Summary: A group of Louisiana Parishes filed suit in state court seeking relief from various oil companies under the Louisiana State and Local Coastal Resources Management Act of 1978 (SLCRMA), alleging that the oil companies…
Date: August 7, 2020
Docket Number: 17-30829
Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction for conspiracy to distribute a kilogram or more of heroin. The court held that the statements in the factual basis form an adequate evidentiary foundation for defendant's…
Date: August 7, 2020
Docket Number: 18-40491
Justia Opinion Summary: In a prior criminal action, the state court agreed with the plaintiff in this case that Defendant Chapman, a Medical Board investigator, used illegally-obtained files to fabricate evidence and to indict plaintiff on…
Date: August 7, 2020
Docket Number: 18-51092
Justia Opinion Summary: The Texas Public Utility Commission issued two orders decertifying territory from the certificate of convenience and necessity (CCN) issued to Green Valley for sewer (wastewater) service. Green Valley filed suit alleging…
Date: August 7, 2020
Docket Numbers: 19-20151, 19-20371
Justia Opinion Summary: After ATOM filed for bankruptcy, plaintiff and ATOM initiated an adversarial proceeding against Petroleum Analyzer, alleging claims of misappropriation of trade secrets, unfair competition, and civil theft. On the…
Date: August 7, 2020
Docket Number: 19-20505
Justia Opinion Summary: Six Dimensions filed suit against a former employee and a competitor, Perficient, alleging claims for breach of contracts, unfair competition, and misappropriation of trade secrets. The Fifth Circuit reversed the part…
Date: August 7, 2020
Docket Number: 19-30018
Justia Opinion Summary: The Fifth Circuit reversed the district court's denial of habeas relief under 28 U.S.C. 2254(d) based on a Confrontation Clause violation. Petitioner was convicted by a jury of armed robbery and aggravated battery. The…
Date: August 7, 2020
Docket Number: 20-20068
Justia Opinion Summary: JDC sought a preliminary injunction against its former employee for breach of a non-compete agreement. The district court denied the motion for a preliminary injunction in all its parts and with no concessions. The…
Date: August 6, 2020
Docket Number: 18-20736
Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction for making false statements to obtain federal workers' compensation benefits under 18 U.S.C. 1920 and for theft of public money under 18 U.S.C. 641. The court assumed…
Date: August 5, 2020
Docket Numbers: 17-20604, 17-70022
Justia Opinion Summary: After petitioner filed a second-in-time habeas petition raising Brady and actual innocence claims, the district court concluded that the petition was successive and transferred it to the Fifth Circuit. Petitioner was…
Date: August 5, 2020
Docket Number: 18-10604
Justia Opinion Summary: On remand from the Supreme Court in light of Davis v. United States, 140 S. Ct. 1060 (2020), the Fifth Circuit reviewed defendant's sentence for plain error and held that it was not plain error for the district court to…
Date: August 5, 2020
Docket Number: 18-50793
Justia Opinion Summary: Defendants Pike and Portillo were convicted of multiple counts related to a RICO conspiracy. The convictions arose out of their positions as high-ranking officials with the Bandidos Outlaws Motorcycle Club. The Fifth…
Date: August 5, 2020
Docket Number: 19-10168
Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction and sentence for being a felon in possession of a firearm. The court held that defendant failed to present sufficient evidence on the fifth element of his justification…
Date: August 4, 2020
Docket Number: 19-10848
Justia Opinion Summary: Plaintiffs filed suit against Envoy in state court, alleging both disparate treatment and disparate impact based on age, in violation of the Age Discrimination in Employment Act (ADEA). On appeal, plaintiffs contend that…
Date: August 4, 2020
Docket Number: 19-20066
Justia Opinion Summary: The Fifth Circuit affirmed the bankruptcy court's ruling that the Coal Act obligations may be modified by Section 1114 of the Bankruptcy Code, which requires a debtor to keep paying benefits unless those benefits are…
Date: August 4, 2020
Docket Number: 19-60097
Justia Opinion Summary: The Fifth Circuit denied the petition for review, holding that petitioner's conviction for sexual assault of a child was a "crime of child abuse," making him removable under Section 237(a)(2)(E)(i) of the Immigration and…
Date: August 3, 2020
Docket Number: 17-30801
Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner under 28 U.S.C. 2254(d). Petitioner alleged claims of ineffective assistance of appellate counsel (IAAC) based on state appellate…
Date: August 3, 2020
Docket Number: 17-50855
Justia Opinion Summary: The Fifth Circuit affirmed the district court's grant of HHS's motion for summary judgment in an action where HHS concluded that Dominion must return approximately $1.3 million in Medicare payments. The Secretary argues…
Date: August 3, 2020
Docket Number: 19-10826
Justia Opinion Summary: TSRA filed suit seeking to enjoin demolitions under the city's new ordinance, DALL. CITY CODE 51A-4.501(i), which streamlined the city's procedure for demolishing dilapidated historical homes smaller than 3,000 feet. The…
Date: August 3, 2020
Docket Number: 19-20216
Justia Opinion Summary: Appellants filed suit against Liberty in Texas state court claiming breach of contract and violations of Sections 541 and 542 of the Texas Insurance Code. After Liberty removed to federal court, the district court…
Date: August 3, 2020
Docket Number: 19-30006
Justia Opinion Summary: A federal agency may not create an "aquaculture," or fish farming, regime in the Gulf of Mexico pursuant to the Magnuson-Stevens Fishery Conservation and Management Act of 1976. The Fifth Circuit affirmed the district…
Date: August 3, 2020
Docket Number: 19-30325
Justia Opinion Summary: After debtor filed for Chapter 7 bankruptcy, SEPH sought a judgment of nondischarge for $41 million that debtor owed. SEPH argued that debtor violated 11 U.S.C. 523(a) through two improper transactions: 1. intentionally…
Date: August 3, 2020
Docket Number: 19-30535
Justia Opinion Summary: After James Mays was killed in an explosion on an offshore platform owned by Chevron, Mays' widow and children filed suit against Chevron for state law wrongful death. Mays was directly employed by Furmanite, a Chevron…
Date: August 3, 2020
Docket Number: 19-60695
Justia Opinion Summary: OSHA found that Echo violated 29 C.F.R. 1926.964(b)(1), the tension-stringing regulation, when two employees were electrocuted while rehanging a line. After the ALJ upheld the citation, Echo petitioned for review. The…
Date: July 31, 2020
Docket Number: 18-10545
Justia Opinion Summary: The States filed suit raising constitutional challenges to Section 9010 of the Affordable Care Act (ACA) and statutory and constitutional challenges to the Certification Rule. The Fifth Circuit affirmed the district…
Date: July 31, 2020
Docket Number: 18-60827
Justia Opinion Summary: The Fifth Circuit denied in part and dismissed in part a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and relief under the Convention…
Date: July 31, 2020
Docket Number: 19-60558
Justia Opinion Summary: The Fifth Circuit dismissed, based on lack of Article III standing, a petition for review of the TCEQ's decision granting air permits to Rio Grande LNG. Petitioners, two membership organizations, ask the court to vacate…
Date: July 30, 2020
Docket Number: 17-20545
Justia Opinion Summary: Plaintiffs filed a citizen suit against Exxon, seeking to recover from more than 16,000 Clean Air Act violations arising from the Baytown, Texas complex. The Fifth Circuit held that Clean Air Act plaintiffs must prove…
Date: July 30, 2020
Docket Number: 17-20661
Justia Opinion Summary: The Fifth Circuit granted a certificate of appealability on petitioner's claim that his trial counsel failed to subject the prosecution's case to meaningful adversarial testing in violation of United States v. Cronic,…
Date: July 30, 2020
Docket Number: 19-20358
Justia Opinion Summary: This case involved an investor, Elbar, that wired money to Defendant Todd Prins, a former attorney, after the owner of a foreclosed property had declared bankruptcy. In this case, United hired Prins to conduct a…
Date: July 27, 2020
Docket Number: 19-20323
Justia Opinion Summary: The Fifth Circuit vacated defendant's conviction for two counts of knowingly using a counterfeit passport to open two bank accounts. The court held that the district court plainly erred when it neglected to give its…
Date: July 27, 2020
Docket Number: 19-60391
Justia Opinion Summary: The Fifth Circuit denied a petition for review to reopen petitioner's removal proceedings for the second time. After petitioner failed to appear for his removal proceeding, the IJ ordered him removed in absentia. The…
Date: July 24, 2020
Docket Number: 19-30375
Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute cocaine base and possession of a firearm by a convicted felon. The court held that defendant was not entitled to an evidentiary…
Date: July 23, 2020
Docket Number: 18-10940
Justia Opinion Summary: Vickers was convicted as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The PSR concluded that he was an Armed Career Criminal Act (ACCA) career offender based on his prior Texas felony convictions for murder,…
Date: July 22, 2020
Docket Number: 18-20336
Justia Opinion Summary: The Fifth Circuit denied a petition for rehearing en banc and substituted the following opinion. The court certified a question to the Supreme Court of Texas: Is a lender entitled to equitable subrogation, where it…
Date: July 22, 2020
Docket Number: 18-70011
Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of a petition for writ of habeas corpus based on petitioner's claim that the state violated her rights under Batson v. Kentucky, 476 U.S. 79 (1986), and that her…
Date: July 22, 2020
Docket Number: 19-50297
Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction and sentence for possession of child pornography. The court held that the district court did not abuse its discretion when it denied defendant's motion to withdraw his…
Date: July 21, 2020
Docket Number: 18-10644
Justia Opinion Summary: Defendants Lagrone, Davis, and Sanders were convicted of several offenses related to the sex trafficking of underage females. Lagrone and Davis were rival pimps, and Sanders assisted Lagrone in his trafficking of…
Date: July 21, 2020
Docket Number: 18-10748
Justia Opinion Summary: On remand from the Supreme Court of the United States, the Fifth Circuit affirmed defendant's sentence for possession of a firearm by a convicted felon and possession with intent to distribute a mixture containing a…
Date: July 21, 2020
Docket Number: 18-70009
Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of the petition for habeas corpus relief based on petitioner's claim of ineffective assistance of counsel. The court agreed with the district court that there is no…
Date: July 21, 2020
Docket Number: 19-60432
Justia Opinion Summary: The Fifth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).…
Date: July 20, 2020
Docket Number: 18-10721
Justia Opinion Summary: State Farm filed suit seeking a declaratory judgment that it had no duty to defend or indemnify the insureds in the underlying action. In the underlying action, Jayden Meals' mom filed a personal injury suit against his…
Date: July 17, 2020
Docket Number: 19-40783
Justia Opinion Summary: Defendant was convicted of four counts of structuring financial transactions for the purpose of evading reporting requirements, a violation of 31 U.S.C. 5324(a)(3) and (d). The Fifth Circuit held that the Count 4…
Date: July 16, 2020
Docket Number: 19-20435
Justia Opinion Summary: The Fifth Circuit affirmed the district court's order confirming a $622 million arbitration award. The parties are oil and gas companies incorporated in different countries, and the dispute arose from the Agreement for…
Date: July 16, 2020
Docket Number: 19-30640
Justia Opinion Summary: The Fifth Circuit affirmed the district court's dismissal of plaintiff's complaint alleging that she used defendants' prescription chemotherapy drug and now suffers from permanent hair loss. As a plaintiff in this…
Date: July 16, 2020
Docket Number: 19-60293
Justia Opinion Summary: The Fifth Circuit reversed the district court's dismissal for lack of jurisdiction of an action against NAMB for intentional interference with business relationships, defamation, and intentional infliction of emotional…
Date: July 15, 2020
Docket Number: 19-20448
Justia Opinion Summary: The Fifth Circuit vacated defendant's conviction for failure to register as a sex offender in violation of the Sex Offender Registration and Notification Act (SORNA). Defendant argued that his New Jersey conviction for…
Date: July 15, 2020
Docket Number: 19-40603
Justia Opinion Summary: The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to conspiracy to transport undocumented aliens within the United States by means of an aircraft. The court held that the district court did…
Date: July 15, 2020
Docket Number: 19-60245
Justia Opinion Summary: The Fifth Circuit reversed the Commission's decision affirming the application of OSHA's commercial diving safety regulations to the dives its staff members perform to feed animals housed at the Aquarium and to clean the…
Date: July 14, 2020
Docket Number: 19-10755
Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction and sentence for possession of a firearm by a convicted felon. The court rejected defendant's argument that the district court erred by accepting a constitutionally…
Date: July 14, 2020
Docket Number: 19-40435
Justia Opinion Summary: The Fifth Circuit affirmed defendants' convictions and sentences for charges related to their involvement in a conspiracy to distribute controlled substances. The court held that the evidence was sufficient to support…
Date: July 14, 2020
Docket Number: 19-50227
Justia Opinion Summary: After defendant pleaded guilty to being a felon in possession of a firearm, the Supreme Court decided Rehaif v. United States, which established for the first time that the government must prove that the person charged…
Date: July 13, 2020
Docket Number: 18-40724
Justia Opinion Summary: After defendant pleaded guilty to possession with intent to distribute cocaine, he argued on appeal that he should have received a mitigating role adjustment pursuant to USSG 3B1.2. This court held that defendant could…
Date: July 13, 2020
Docket Number: 19-10535
Justia Opinion Summary: The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to bank robbery. The court held that the district court erred by imposing a four-level sentencing enhancement to defendant's base offense…
Date: July 13, 2020
Docket Number: 19-30320
Justia Opinion Summary: After Acadian entered into two contracts with QT to perform lab testing, Acadian filed suit alleging that QT breached both agreements. The jury ultimately awarded Acadian damages for QT's breach of both agreements and…
Date: July 10, 2020
Docket Number: 19-10505
Justia Opinion Summary: The Fifth Circuit affirmed defendants' conviction for forced labor, conspiracy to harbor an alien for financial gain, and harboring an alien. The court held that defendants have failed to identify any authority holding…
Date: July 9, 2020
Docket Number: 19-11284
Justia Opinion Summary: The Fifth Circuit affirmed the district court's grant of summary judgment based on qualified immunity to a law enforcement officer in a 42 U.S.C. 1983 action. The officer accidentally discharged the firearm and shot…
Date: July 9, 2020
Docket Number: 19-40341
Justia Opinion Summary: Plaintiff, currently incarcerated in Texas, filed suit under 42 U.S.C. 1983 alleging that various employees of the Texas Department of Criminal Justice violated federal law when they deducted a $100 medical co-payment…
Date: July 9, 2020
Docket Number: 19-60592
Justia Opinion Summary: The Fifth Circuit denied a petition for review of the Commission's determination that Sanderson violated various regulations of the Department of Labor's Occupational Safety and Health Administration (OSHA). The court…
Date: July 9, 2020
Docket Number: 19-60624
Justia Opinion Summary: In 2019, defendant moved for resentencing under section 404 of the First Step Act of 2018 (FSA), which provided for retroactive application of sections 2 and 3 of the Fair Sentencing Act of 2010 (FAIR), which in turn…
Date: July 7, 2020
Docket Number: 19-30165
Justia Opinion Summary: Plaintiffs, a group of Louisiana pension funds, filed suit against various defendants for their alleged involvement in a Ponzi scheme. The district court later entered summary judgment for a set of defendants—the Citco…
Date: July 6, 2020
Docket Number: 17-40007
Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of a 28 U.S.C. 2255 motion for post-conviction relief. The court held that defendant's three prior Texas burglary convictions under Texas Penal Code 30.02 are…
Date: July 6, 2020
Docket Number: 19-10280
Justia Opinion Summary: The Fifth Circuit denied a petition for panel rehearing and petition for rehearing en banc, withdrew its prior opinion, and substituted the following opinion. Plaintiffs appealed the district court's dismissal, on…
Date: July 6, 2020
Docket Numbers: 19-30604, 19-30672
Justia Opinion Summary: The Fifth Circuit affirmed the district court's grant of the insurer's motion to dismiss an action brought by the insureds, seeking coverage of a residence destroyed by fire. The court also affirmed the district court's…
Date: July 6, 2020
Docket Number: 19-40315
Justia Opinion Summary: Former Texas state judge Suzanne Wooten filed suit under 42 U.S.C. 1983 against state and local law enforcement officials, alleging that they violated the Constitution by investigating and prosecuting her in retaliation…
Date: July 6, 2020
Docket Number: 19-50737
Justia Opinion Summary: The Fifth Circuit affirmed the district court's grant of summary judgment to the school district in an action brought by a student, alleging Title IX and constitutional claims stemming from her abuse by two school…
Date: July 6, 2020
Docket Number: 20-20188
Justia Opinion Summary: The Fifth Circuit vacated the district court's final judgment compelling arbitration and dismissing the case, remanding with instructions that the case be remanded back to the state court. The court held that the claims…
Date: July 2, 2020
Docket Number: 19-20116
Justia Opinion Summary: Digidrill filed suit against its competitor, Petrolink, alleging that Petrolink hacked into its software at various oil drilling sites in order to "scrape" valuable drilling data in real time. The district court granted…
Date: July 2, 2020
Docket Number: 19-30394
Justia Opinion Summary: The Fifth Circuit affirmed Defendants Burden and Scott's convictions and sentences for unlawfully possessing firearms as felons. The court held that the district court did not abuse its discretion in denying Scott's…
Date: July 1, 2020
Docket Number: 18-60264
Justia Opinion Summary: Petitioner sought review of the BIA's decision denying his applications for adjustment of immigration status and for a waiver of inadmissibility. Regardless of whether or not the Fifth Circuit applied Chevron deference,…
Date: July 1, 2020
Docket Number: 19-10291
Justia Opinion Summary: The Fifth Circuit denied the petition for panel rehearing and for rehearing en banc, withdrew the prior opinion, and substituted the following opinion. The court affirmed the district court's denial of defendant's…
Date: July 1, 2020
Docket Number: 19-20465
Justia Opinion Summary: The Fifth Circuit reversed the district court's denial of summary judgment based on qualified immunity to defendant on plaintiff's claim of deliberate indifference under 42 U.S.C. 1983. Plaintiff alleged that defendant…
Date: July 1, 2020
Docket Number: 19-60268
Justia Opinion Summary: After plaintiff was denied tenure as an assistant professor of Legal Studies at the University of Mississippi, he filed suit against several university officials in their individual capacities, alleging that they…
Date: June 30, 2020
Docket Number: 19-30665
Justia Opinion Summary: In 2014, plaintiffs, African-American voters and the Terrebonne Parish NAACP, filed suit to challenge the electoral method for Louisiana's 32nd Judicial District Court (JDC), alleging that at-large elections for the…
Date: June 30, 2020
Docket Number: 19-50492
Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained through a search warrant. In this case, federal agents used an outside service to analyze the publicly viewable…
Date: June 30, 2020
Docket Number: 20-20035
Justia Opinion Summary: Pursuant to 28 U.S.C. 1292(a)(3), Valero appealed the district court's denial of its motion for certification for interlocutory appeal under 28 U.S.C. 1292(b). Valero argued that the district court erred in concluding…
Date: June 29, 2020
Docket Number: 19-20293
Justia Opinion Summary: The Fifth Circuit affirmed the district court's grant of summary judgment in favor of the school district in an action brought by plaintiff, alleging claims under the Americans With Disabilities Act (ADA) for…
Date: June 29, 2020
Docket Number: 19-50276
Justia Opinion Summary: The Fifth Circuit denied plaintiff's motion for attorneys' fees under the Employee Retirement Income Security Act. The court held that 29 U.S.C. 1132(g)(1) does not provide unfettered discretion to courts to award fees.…
Date: June 29, 2020
Docket Number: 19-50813
Justia Opinion Summary: The Fifth Circuit affirmed defendant's 165 month sentence for possession with intent to distribute at least 500 grams of a mixture or substance containing a detectable amount of methamphetamine. The court held that the…
Date: June 25, 2020
Docket Number: 19-60921
Justia Opinion Summary: In section 901 of the Family Smoking Prevention and Tobacco Control Act (TCA), Congress authorized the Secretary of Health and Human Services to determine which other products should be governed by the TCA's regulatory…
Date: June 24, 2020
Docket Number: 18-20640
Justia Opinion Summary: Claiming that she suffered injuries when her dentist soaked her dentures in CaviCide disinfecting solution, which is manufactured by Metrex, plaintiff filed suit against Metrex, the dentist, the Department of Veterans…
Date: June 24, 2020
Docket Number: 18-31166
Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner, who was convicted of armed robbery with a firearm. Petitioner alleged that his trial lawyer rendered ineffective assistance in…
Date: June 22, 2020
Docket Number: 20-40368
Justia Opinion Summary: Hidalgo, which is in Chapter 11 bankruptcy, alleged that it was denied a Paycheck Protection Program (PPP) loan under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) based on its status as a bankruptcy…
Date: June 18, 2020
Docket Number: 19-60133
Justia Opinion Summary: The en banc court unanimously agrees that this court no longer has jurisdiction in this case because it has become moot. The en banc court explained that it is undisputed that the 2019 general election has occurred, and…
Date: June 18, 2020
Docket Number: 19-60246
Justia Opinion Summary: The Fifth Circuit withdrew its previous opinion and substituted the following opinion. The court affirmed the district court's grant of defendants' motions for summary judgment in an action brought by plaintiff,…
Date: June 18, 2020
Docket Number: 20-30358
Justia Opinion Summary: Plaintiffs, a Louisiana church and its pastor, filed suit seeking to enjoin stay-at-home orders restricting in-person church services to ten congregants. The Fifth Circuit held that the appeal of the denial of…
Date: June 17, 2020
Docket Number: 19-30612
Justia Opinion Summary: After Martin delivered free fuel to three support vessels owned by CGG, the support vessels then carried the fuel in their cargo tanks to refuel three other vessels. Martin filed suit after CGG failed to pay for the…
Date: June 16, 2020
Docket Number: 18-60474
Justia Opinion Summary: The Fifth Circuit withdrew its prior opinion and substituted the following opinion. The court denied in part and granted in part CoServ's petition for review and denied in part and granted in part the Board's…
Date: June 12, 2020
Docket Number: 17-41234
Justia Opinion Summary: Plaintiffs, family members of Chad Ernest Lee Silvis, filed suit against police officers for deliberate indifference after Silvis committed suicide in a jail cell by hanging himself with a blanket that one of the…
Date: June 12, 2020
Docket Number: 18-20274
Justia Opinion Summary: Upon panel rehearing, the Fifth Circuit withdrew its prior opinion and substituted the following opinion. After an administrative hearing officer found that the School District violated the Individuals with…
Date: June 9, 2020
Docket Number: 18-31213
Justia Opinion Summary: On appeal, Defendants Staggers and Session argued that they should be resentenced because their convictions for their involvement in a drug conspiracy were not final when the First Step Act became effective. The Fifth…
Date: June 9, 2020
Docket Number: 19-20294
Justia Opinion Summary: The Fifth Circuit affirmed the district court's adverse grant of summary judgment entered on plaintiff's claims against her employer, the City of Houston, for discrimination and creating a hostile work environment in…
Date: June 9, 2020
Docket Number: 19-30395
Justia Opinion Summary: After Dow was found liable for breaching a contract it entered with Gulf, Dow appealed the district court's failure to enter judgment on the issue of contract ambiguity and the district court's denial of Dow's motion for…
Date: June 8, 2020
Docket Number: 18-60748
Justia Opinion Summary: Petitioner sought review of the BIA's decision affirming the IJ's decision finding petitioner removable under Section 237(a)(2)(B)(i) of the Immigration and Nationality Act, and denying petitioner's application for…
Date: June 8, 2020
Docket Number: 19-20535
Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of defendant's motion for leave to file a late notice of appeal and dismissed his original appeal. The court held that the district court did not abuse its…
Date: June 8, 2020
Docket Number: 19-50177
Justia Opinion Summary: After debtor filed for bankruptcy under Chapter 13, the trustee objected to confirmation of the plan. The bankruptcy court agreed to confirm the plan only if debtor chose one of two non-statutory conditions. The first…
Date: June 5, 2020
Docket Number: 18-40635
Justia Opinion Summary: The Fifth Circuit held that sufficient evidence supported defendant's convictions for two counts of carjacking where a reasonable jury could infer that defendant had the intent to kill if necessary at the moment that he…
Date: June 5, 2020
Docket Number: 19-10291
Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after she pleaded guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of…
Date: June 5, 2020
Docket Numbers: 19-20799, 20-20235
Justia Opinion Summary: HP filed suit against Quanta for illegally fixing the prices of optical disk drives. In this appeal, Quanta claims that the evidence was insufficient to justify the $438.65 million award against it and that the district…
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