2021 Fifth Circuit US Court of Appeals Case Law

USA v. Cooper
Date: February 24, 2021
Docket Number: 19-11254
Tercero v. TX Southmost Coll Dist
Date: February 24, 2021
Docket Number: 19-40740
Ellis v. Barr, et al
Date: February 24, 2021
Docket Number: 20-10109
USA v. Saragoza-Botello
Date: February 24, 2021
Docket Number: 20-50786
Province v. CIR
Date: February 24, 2021
Docket Number: 20-60009
USA v. Peyton
Date: February 23, 2021
Docket Number: 18-40554
USA v. Carter
Date: February 23, 2021
Docket Number: 19-11222
United States v. DeJean  
Date: February 23, 2021
Docket Number: 19-30865

Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction of mail fraud and making false statements to a bank. In this case, defendant, as justice of the peace, exploited his position to steal thousands of dollars in public fund...

Dugas v. Quintero, et al
Date: February 23, 2021
Docket Number: 19-40433
USA v. Garcia-Cruz
Date: February 23, 2021
Docket Number: 19-40624
USA v. Garza
Date: February 23, 2021
Docket Number: 19-51184
Harness v. Hosemann  
Date: February 23, 2021
Docket Number: 19-60632

Justia Opinion Summary: Plaintiffs, black citizens of Misssissippi who have lost their right to vote in Mississippi because they were convicted of crimes enumerated in section 241 of the Mississippi Constitution, filed suit alleging that sectio...

Hawk v. McCain
Date: February 23, 2021
Docket Number: 20-30476
USA v. Barraza-Soto
Date: February 23, 2021
Docket Number: 20-50627
USA v. Barraza-Soto
Date: February 23, 2021
Docket Number: 20-50631
USA v. Bernal-Bernal
Date: February 23, 2021
Docket Number: 20-50716
USA v. Bernal-Bernal
Date: February 23, 2021
Docket Number: 20-50719
Guideone Ins v. First Untd Meth Ch of Hereford
Date: February 22, 2021
Docket Number: 20-10528
USA v. Cruz-Miguel
Date: February 22, 2021
Docket Number: 20-50711
USA v. Cruz-Miguel
Date: February 22, 2021
Docket Number: 20-50714
United States v. Kim  
Date: February 19, 2021
Docket Number: 18-51024

Justia Opinion Summary: After defendant pleaded guilty to one count of criminal copyright infringement, the district court sentenced defendant to 46 months' imprisonment and ordered him to pay restitution to the copyright owner, Scientific Game...

Islam v. Wilkinson.
Date: February 19, 2021
Docket Number: 19-60721
Campbell v. Wilkinson  
Date: February 19, 2021
Docket Number: 20-11002

Justia Opinion Summary: The Fifth Circuit reversed the district court's dismissal of plaintiff's claims of discrimination and retaliation under Title VII of the Civil Rights Act. The district court dismissed the suit under Federal Rule of Civil...

USA v. Berdeja-Medina
Date: February 19, 2021
Docket Number: 20-50720
USA v. Verdeja-Medina
Date: February 19, 2021
Docket Number: 20-50726
Hoggatt, et al v. Allstate Ins, et al
Date: February 19, 2021
Docket Number: 20-60783
USA v. Wright, et al
Date: February 18, 2021
Docket Number: 20-10052
Huerta-Cortes v. Wilkinson
Date: February 18, 2021
Docket Number: 20-60034
Alamin v. Wilkinson
Date: February 17, 2021
Docket Number: 19-60537
Starnes v. Nash
Date: February 17, 2021
Docket Number: 19-60761
USA v. Collins
Date: February 17, 2021
Docket Number: 20-10489
USA v. Pringle
Date: February 17, 2021
Docket Number: 20-10774
USA v. De La Cruz
Date: February 17, 2021
Docket Number: 20-20177
Echeverry v. Jazz Casino Co., LLC  
Date: February 17, 2021
Docket Number: 20-30038

Justia Opinion Summary: The Fifth Circuit withdrew its prior opinion. After plaintiff was injured when a manlift struck her outside Harrah's Casino in New Orleans, a jury found Jazz Casino negligent, assigning it 49% of the fault. Plaintiff wa...

USA v. Pena-Martinez
Date: February 17, 2021
Docket Number: 20-40074
USA v. Singh
Date: February 17, 2021
Docket Number: 20-40515
Villegas v. Arbogast, et al
Date: February 17, 2021
Docket Number: 20-50242
Jeanmarie v. Rettig, et al
Date: February 17, 2021
Docket Number: 20-50334
USA v. Castillo
Date: February 17, 2021
Docket Number: 20-50791
USA v. Stewart
Date: February 15, 2021
Docket Number: 19-11249
Garcia-Perez v. Wilkinson
Date: February 15, 2021
Docket Number: 19-60718
Nelson Burinyuy v. Wilkinson
Date: February 15, 2021
Docket Number: 19-60823
USA v. Ramos
Date: February 15, 2021
Docket Number: 20-40057
Lewis v. Lumpkin
Date: February 15, 2021
Docket Number: 20-40076
Texas v. United States  
Date: February 12, 2021
Docket Number: 18-10545

Justia Opinion Summary: The Fifth Circuit withdrew its prior opinion and substituted the following opinion. The States filed suit against the United States, raising constitutional challenges to Section 9010 of the Affordable Care Act (ACA), as...

Singh v. Wilkinson
Date: February 12, 2021
Docket Number: 19-60734
USA v. Meza
Date: February 12, 2021
Docket Number: 20-10218
USA v. Prado-Montoya
Date: February 12, 2021
Docket Number: 20-10554
Garcia v. City of Amarillo
Date: February 12, 2021
Docket Number: 20-10780
DM Arbor Court, Ltd. v. City of Houston  
Date: February 12, 2021
Docket Number: 20-20194

Justia Opinion Summary: Arbor Court filed suit challenging the City's refusal to grant permits to repair the damage caused by Hurricane Harvey to its apartment units. The district court dismissed, holding that the action was not ripe because Ar...

USA v. Wells
Date: February 12, 2021
Docket Number: 20-30540
Shefeik v. Busby, et al
Date: February 12, 2021
Docket Number: 20-40335
USA v. Williams
Date: February 12, 2021
Docket Number: 20-50325
USA v. Cardenas
Date: February 12, 2021
Docket Number: 20-50642
USA v. Martinez-Rojas
Date: February 12, 2021
Docket Number: 20-50889
In re: Cargo Transporters
Date: February 12, 2021
Docket Number: 21-60095
John Newton v. USA, et al
Date: February 11, 2021
Docket Number: 18-11414
USA v. Kendall
Date: February 11, 2021
Docket Number: 18-60661
Center for Inquiry, et al v. Warren
Date: February 11, 2021
Docket Number: 19-11029
Gilmore-Webster v. Bayou City Homebuyers, et al
Date: February 11, 2021
Docket Number: 19-20683
USA v. Benito
Date: February 11, 2021
Docket Number: 19-20850
USA v. Lomas
Date: February 11, 2021
Docket Number: 19-30876
Adams v. All Coast, LLC  
Date: February 11, 2021
Docket Number: 19-30907

Justia Opinion Summary: Plaintiff filed a collective action on behalf of himself and others employed on All Coast's fleet of liftboats, alleging that, although they were hired for various maritime jobs, they spent most of their time doing somet...

USA v. Goodin, et al
Date: February 11, 2021
Docket Number: 19-30923
Robinson v. LeBlanc, et al
Date: February 11, 2021
Docket Number: 19-30958
USA v. Severino Gomez-Marte
Date: February 11, 2021
Docket Number: 19-40862
USA v. Gomez
Date: February 11, 2021
Docket Number: 19-41043
Matias-Matias v. Wilkinson
Date: February 11, 2021
Docket Number: 19-60611
Rehvach-Rodriguez v. Wilkinson
Date: February 11, 2021
Docket Number: 19-60796
USA v. Moore
Date: February 11, 2021
Docket Number: 20-10069
USA v. Lang
Date: February 11, 2021
Docket Number: 20-10420
Gu v. Invista S.A.R.L.
Date: February 11, 2021
Docket Number: 20-20027
Ermuraki v. Renaud  
Date: February 11, 2021
Docket Number: 20-20370

Justia Opinion Summary: Plaintiffs filed suit challenging USCIS's denial of their application to adjust their immigration status to lawful permanent residents under the diversity visa program. The district court dismissed the case with prejudic...

White v. City of New Orleans, et al
Date: February 11, 2021
Docket Number: 20-30374
Wyre v. UTMB, et al
Date: February 11, 2021
Docket Number: 20-40253
Huang v. Huang, et al
Date: February 11, 2021
Docket Number: 20-50445
USA v. Griffin
Date: February 11, 2021
Docket Number: 20-60876
Lucio v. Lumpkin  
Date: February 9, 2021
Docket Number: 16-70027

Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner, who was convicted of capital murder for beating to death her two-year-old daughter. Petitioner argues that the state trial court deni...

USA v. Ward
Date: February 9, 2021
Docket Number: 17-30243
Salomon v. Kroenke Sports & Entmt, et al
Date: February 9, 2021
Docket Number: 19-10350
Welsh v. Correct Care Recovery
Date: February 9, 2021
Docket Number: 19-10825
Herschberger v. Lumpkin
Date: February 9, 2021
Docket Number: 19-20481
Alvarado v. BP Exploration & Production, Inc.  
Date: February 9, 2021
Docket Number: 19-30440

Justia Opinion Summary: In a case related to the Deepwater Horizon oil spill, four plaintiffs seek reversal of dismissals with prejudice for failure to comply with orders of the multidistrict litigation (MDL) judge to file particular informatio...

Lefebure v. D'Aquilla  
Date: February 9, 2021
Docket Number: 19-30702

Justia Opinion Summary: Plaintiff filed suit alleging that Barrett Boeker, her cousin's husband, raped and sexually assaulted her on multiple occasions at his home on the grounds of the Louisiana state prison where he serves as an assistant war...

Lefebure v. D'aquila
Date: February 9, 2021
Docket Number: 19-30989
City of Schertz v. AGRI, et al
Date: February 9, 2021
Docket Number: 19-51056
United States Department of Labor v. Five Star Automatic Fire Protection, LLC  
Date: February 9, 2021
Docket Number: 19-51119

Justia Opinion Summary: In Anderson v. Mt. Clemens Pottery Company, if the employer's records are inaccurate or inadequate, a plaintiff need only show by just and reasonable inference that she was an employee, worked the hours, and was not paid...

Arafat v. Wilkinson
Date: February 9, 2021
Docket Number: 19-60638
USA v. Meza
Date: February 9, 2021
Docket Number: 20-10218
USA v. Andrade-Lopez
Date: February 9, 2021
Docket Number: 20-20023
USA v. Zavala
Date: February 9, 2021
Docket Number: 20-40133
USA v. Mitchell
Date: February 9, 2021
Docket Number: 20-40485
USA v. Hardee
Date: February 9, 2021
Docket Number: 20-50480
USA v. Quintanilla
Date: February 9, 2021
Docket Number: 20-50552
United States v. Medel-Guadalupe  
Date: February 8, 2021
Docket Numbers: 19-40901, 19-40902

Justia Opinion Summary: The Fifth Circuit withdrew its prior opinion and substituted the following opinion. The court affirmed defendant's 120-month sentence for harboring an illegal alien. The court held that defendant waived his duplicity ar...

USA v. Medel
Date: February 8, 2021
Docket Number: 19-40902
Ifechukwu v. Wilkinson
Date: February 8, 2021
Docket Number: 19-60571
Singh v. Wilkinson
Date: February 8, 2021
Docket Number: 19-60608
Ndonyi v. Wilkinson
Date: February 8, 2021
Docket Number: 19-60782
Broadnax v. Lumpkin  
Date: February 8, 2021
Docket Number: 19-70014

Justia Opinion Summary: Petitioner, convicted of capital murder and sentenced to death, filed a federal habeas petition under 28 U.S.C. 2254. After the district court rejected the petition and denied a certificate of appealability (COA), petiti...

USA v. Williams
Date: February 8, 2021
Docket Number: 20-10001
Ramirez, et al v. Guadarrama, et al
Date: February 8, 2021
Docket Number: 20-10055
United States v. Martinez  
Date: February 8, 2021
Docket Number: 20-20148

Justia Opinion Summary: The Fifth Circuit withdrew its prior opinion and substituted the following opinion. The court vacated defendant's condition of supervised release requiring defendant to "participate in an inpatient or outpatient substan...

USA v. Byrd
Date: February 8, 2021
Docket Number: 20-20470
USA v. Alvarado
Date: February 8, 2021
Docket Number: 20-50538
Harper v. Southern Pine Electric Cooperative  
Date: February 8, 2021
Docket Number: 20-60451

Justia Opinion Summary: The Fifth Circuit affirmed the district court's dismissal of plaintiffs' complaint alleging that Southern Pine is required to distribute to them $112.5 million in "excess revenues." Because the previously-enacted 1936 El...

USA v. Taylor
Date: February 5, 2021
Docket Number: 19-10261
USA v. Valdez
Date: February 5, 2021
Docket Number: 19-11158
Hester v. Ituah
Date: February 5, 2021
Docket Number: 19-20175
Tarpley, et al v. McClain, et al
Date: February 5, 2021
Docket Number: 19-20259
Staden v. Poret
Date: February 5, 2021
Docket Number: 19-30628
USA v. Andrade
Date: February 5, 2021
Docket Number: 19-50660
USA v. Alvarez
Date: February 5, 2021
Docket Number: 19-51117
USA v. Phillips
Date: February 5, 2021
Docket Number: 20-10222
Cledera v. United States
Date: February 5, 2021
Docket Number: 20-10914
USA v. Hewitt
Date: February 5, 2021
Docket Number: 20-50297
Johnson v. Novartis Pharmaceuticals, et al
Date: February 5, 2021
Docket Number: 20-50462
USA v. Quintanilla
Date: February 5, 2021
Docket Number: 20-50546
USA v. Higgins
Date: February 4, 2021
Docket Number: 19-10885
Lempar v. Livingston, et al
Date: February 4, 2021
Docket Number: 19-20243
USA v. Scott
Date: February 4, 2021
Docket Number: 19-20788
USA v. Munoz
Date: February 4, 2021
Docket Number: 19-31010
Shelter Mtl Ins v. Double J Timber, et al
Date: February 4, 2021
Docket Number: 19-60421
USA v. Kingrasaphone
Date: February 4, 2021
Docket Number: 20-10635
Moore v. Centralized Manage Srv, et al
Date: February 4, 2021
Docket Number: 20-30332
MS Silicon Holdings v. Axis Ins
Date: February 4, 2021
Docket Number: 20-60215
Mendez v. Trustmark National Bank  
Date: February 3, 2021
Docket Number: 19-11131

Justia Opinion Summary: In a case arising out of the Ponzi scheme perpetrated by R. Allen Stanford and others, Stanford investors filed suit against defendants who provided banking services to Stanford. Appellants, who moved to intervene, are a...

Tampico v. Martinez  
Date: February 3, 2021
Docket Number: 19-20555

Justia Opinion Summary: The Fifth Circuit affirmed the district court's grant of summary judgment on plaintiff's claims because they are barred by the statute of limitations. In this case, plaintiff filed suit against defendant, in his individu...

Rodriguez Solorzano v. Mayorkas  
Date: February 3, 2021
Docket Number: 19-50220

Justia Opinion Summary: An alien who entered the United States without being "inspected and admitted or paroled" may not have his status adjusted to lawful permanent resident by virtue of obtaining Temporary Protected Status (TPS). Petitioner,...

Deutsche Bank Trust Co. v. U.S. Energy Development Corp.  
Date: February 3, 2021
Docket Number: 19-50646

Justia Opinion Summary: Texas and Oklahoma oil and gas producers challenge the bankruptcy court's grant in part and denial in part of Deutsche Bank's motion for partial summary judgment in a lien priority dispute. The competing security interes...

USA v. Mendoza
Date: February 3, 2021
Docket Number: 19-50683
Alvarez-De Sauceda v. Wilkinson
Date: February 3, 2021
Docket Number: 19-60501
Gomez Salgado v. Wilkinson
Date: February 3, 2021
Docket Number: 19-60775
USA v. Cheek
Date: February 3, 2021
Docket Number: 20-10548
United States v. Winters  
Date: February 3, 2021
Docket Number: 20-30138

Justia Opinion Summary: The Fifth Circuit affirmed the district court's decision to reduce defendant's sentence under the First Step Act. The court held that defendant's dual-object conspiracy offense under 21 U.S.C. 846, which was committed be...

USA v. Carter
Date: February 3, 2021
Docket Number: 20-30305
USA v. Ruiz-Trujillo
Date: February 3, 2021
Docket Number: 20-50589
Lobo Moran v. Wilkinson
Date: February 3, 2021
Docket Number: 20-60039
Tibakweitira v. Wilkinson  
Date: February 2, 2021
Docket Number: 18-60459

Justia Opinion Summary: Petitioner, a native and citizen of Tanzania, petitions for review of an order issued by the BIA dismissing his appeal from the IJ's decision denying his application for withholding of removal and protection under the Co...

USA v. White
Date: February 2, 2021
Docket Number: 19-11010
USA v. Sanchez
Date: February 2, 2021
Docket Number: 19-11261
Sabre Indus v. Module X Solutions, et al
Date: February 2, 2021
Docket Number: 19-30887
USA v. Becerra
Date: February 2, 2021
Docket Number: 19-50447
Chavez-Dominguez v. Wilkinson
Date: February 2, 2021
Docket Number: 19-60834
Reed Migraine Centers of Texas, PLLC v. Ticer  
Date: February 2, 2021
Docket Number: 20-10156

Justia Opinion Summary: The Fifth Circuit dismissed, based on lack of jurisdiction, plaintiffs' appeal of the district court's grant of a Federal Rule of Civil Procedure 60(b)(5) motion in a dispute over attorney's fees stemming from an underly...

USA v. Martinez
Date: February 2, 2021
Docket Number: 20-10434
USA v. Martinez
Date: February 2, 2021
Docket Number: 20-10438
Sullivan v. Texas A&M University System  
Date: February 2, 2021
Docket Number: 20-20248

Justia Opinion Summary: The Fifth Circuit affirmed the district court's dismissal of plaintiff's claims against the University as barred by sovereign immunity. Plaintiff's action involved employment discrimination and retaliation claims, and he...

Rice v. Gonzalez  
Date: February 2, 2021
Docket Number: 20-20263

Justia Opinion Summary: Plaintiff, a detainee in the Harris County jail awaiting trial, filed what he described as a petition for writ of habeas corpus seeking release from pretrial custody, contending that the conditions at the jail were insuf...

Wells v. Collier, et al
Date: February 2, 2021
Docket Number: 20-40251
Byerly v. Stnrd Ins
Date: February 2, 2021
Docket Number: 20-40302
USA v. McAllister
Date: February 2, 2021
Docket Number: 20-50141
USA v. Leyva
Date: February 2, 2021
Docket Number: 20-50587
USA v. Rinestine
Date: February 2, 2021
Docket Number: 20-50621
USA v. Limon
Date: February 2, 2021
Docket Number: 20-50792
USA v. Valles-Morales
Date: February 2, 2021
Docket Number: 20-50861
Tibakweitira v. Wilkinson
Date: February 1, 2021
Docket Number: 18-60459
Vetcher v. Img and Customs Enforcement, et al
Date: February 1, 2021
Docket Number: 19-10156
USA v. Jones
Date: February 1, 2021
Docket Number: 19-10600
Haddock v. Tarrant County  
Date: February 1, 2021
Docket Number: 19-11327

Justia Opinion Summary: Plaintiff filed suit against seven district judges of Tarrant County's family law courts in their official capacities, District Judge Patricia Baca-Bennett in her personal capacity, and the County under 42 U.S.C. 1983, a...

Shields v. Weaver, et al
Date: February 1, 2021
Docket Number: 19-40557
USA v. Ramos
Date: February 1, 2021
Docket Number: 19-50932
Alvarenga-Quijano v. Wilkinson
Date: February 1, 2021
Docket Number: 19-60710
Ermuraki v. Cuccinelli
Date: February 1, 2021
Docket Number: 20-20370
USA v. Ybarra
Date: February 1, 2021
Docket Number: 20-50601
USA v. Powell
Date: February 1, 2021
Docket Number: 20-60701
Shumate v. Hurdle
Date: February 1, 2021
Docket Number: 20-60784
USA v. Lane
Date: January 29, 2021
Docket Number: 18-11304
Miller v. Sam Houston State University  
Date: January 29, 2021
Docket Numbers: 19-20752, 19-20753

Justia Opinion Summary: Plaintiff filed suit against SHSU and TSUS under Title VII of the Civil Rights Act of 1964 and the Equal Pay Act, alleging sex discrimination, retaliation, and a hostile work environment. Plaintiff then filed a separate...

Miller v. University of Houston, et al
Date: January 29, 2021
Docket Number: 19-20753
Montgomery v. Goodwin
Date: January 29, 2021
Docket Number: 19-30033
West v. Thompson, et al
Date: January 29, 2021
Docket Number: 19-31039
Poree v. Akwitti, et al
Date: January 29, 2021
Docket Number: 19-50650
Camp v. Putnam, et al
Date: January 29, 2021
Docket Number: 19-50842
United States v. Cline  
Date: January 29, 2021
Docket Number: 19-51178

Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction and sentence for violating the Violence Against Women Act (VAWA). Defendant's arguments center on challenges to his conviction for violating two separate protection order...

Soares-Lino v. Wilkinson
Date: January 29, 2021
Docket Number: 19-60422
Gutierrez-Abrego v. Wilkinson
Date: January 29, 2021
Docket Number: 19-60494
USA v. Rothlander
Date: January 29, 2021
Docket Number: 20-20222
USA v. Jaimes-Denis
Date: January 29, 2021
Docket Number: 20-40396
Moody v. American National Ins
Date: January 29, 2021
Docket Number: 20-40462
USA v. Hammeren
Date: January 29, 2021
Docket Number: 20-50310
USA v. Veasey, et al
Date: January 28, 2021
Docket Number: 17-10665
Belliveau v. Barco, Inc.  
Date: January 28, 2021
Docket Number: 19-50717

Justia Opinion Summary: Plaintiff, a prolific inventor in the field of lighting technology, licensed his intellectual property exclusively to High End Systems in 2007. High End became a wholly owned subsidiary of Barco several years later. Afte...

Reed Migraine Centers of TX, et al v. Ticer, et al
Date: January 28, 2021
Docket Number: 20-10156
Adriatic Mrne v. Harrington
Date: January 28, 2021
Docket Number: 20-30226
USA v. Pacheco-Ortuna
Date: January 28, 2021
Docket Number: 20-40471
Philius v. Gaynor
Date: January 27, 2021
Docket Number: 19-30800
USA v. Hall
Date: January 27, 2021
Docket Number: 19-30838
Munoz-Rivera v. Wilkinson  
Date: January 27, 2021
Docket Number: 19-60376

Justia Opinion Summary: The Fifth Circuit dismissed the petition for review, holding that the use of an unauthorized social security number, in violation of 42 U.S.C. 408(a)(7)(B), constitutes a crime involving moral turpitude (CIMT) such that...

USA v. Hollie
Date: January 27, 2021
Docket Number: 20-10638
Big Binder Exp, et al v. Lib Mtl Fire Ins
Date: January 27, 2021
Docket Number: 20-60188
Big Binder Exp, et al v. Lib Mtl Fire Ins, et al
Date: January 27, 2021
Docket Number: 20-60263
USA v. Riojas-Flores
Date: January 26, 2021
Docket Number: 19-20842
USA v. White
Date: January 26, 2021
Docket Number: 19-40229
Terrell v. Lumpkin
Date: January 26, 2021
Docket Number: 19-40678
Islam v. Rosen
Date: January 26, 2021
Docket Number: 19-60627
USA v. Padilla
Date: January 26, 2021
Docket Number: 20-10436
USA v. Petty
Date: January 26, 2021
Docket Number: 20-10737
USA v. Obregon
Date: January 26, 2021
Docket Number: 20-20017
USA v. Chaney, et al
Date: January 26, 2021
Docket Number: 20-20054
USA v. Nash
Date: January 26, 2021
Docket Number: 20-20080
USA v. Rico-Luna
Date: January 26, 2021
Docket Number: 20-50500
United States v. Coto-Mendoza  
Date: January 25, 2021
Docket Number: 20-10451

Justia Opinion Summary: The Fifth Circuit affirmed defendant's 37-month sentence imposed after he pleaded guilty to illegal reentry after deportation. The court held that defendant failed to show the district court committed significant procedu...

USA v. Luna
Date: January 25, 2021
Docket Number: 20-50253
United States v. Warren  
Date: January 22, 2021
Docket Number: 19-10805

Justia Opinion Summary: The Fifth Circuit affirmed Defendant Martinez and Warren's convictions and sentences for multiple federal charges for their roles in a telemarketing timeshare-exit scam that bilked millions from owners eager to escape ti...

Prantil v. Arkema Inc.  
Date: January 22, 2021
Docket Number: 19-20723

Justia Opinion Summary: Plaintiffs filed a class action against Arkema, a chemicals facility that combusted during Hurricane Harvey, seeking redress for the physical and financial effects of the incident, which released toxic ash and smoke into...

USA v. Jones
Date: January 22, 2021
Docket Number: 19-30110
USA v. Hernandez-Carrillo
Date: January 22, 2021
Docket Number: 19-50625
USA v. Meza
Date: January 22, 2021
Docket Number: 20-10218
Keel v. Saul  
Date: January 22, 2021
Docket Number: 20-10728

Justia Opinion Summary: The Fifth Circuit affirmed the district court's decision upholding the Commissioner's denial of supplemental security income and disability insurance benefits to plaintiff. The court explained that, although the ALJ did...

Wright v. Untd Parcel Srv
Date: January 22, 2021
Docket Number: 20-30249
USA v. Martinez-Copto
Date: January 22, 2021
Docket Number: 20-50748
USA v. Harmon
Date: January 22, 2021
Docket Number: 20-60450
United States v. Whitehead  
Date: January 21, 2021
Docket Number: 19-11275

Justia Opinion Summary: Defendant appealed the district court's denial of his motion for a sentence reduction under the First Step Act (FSA). On remand from the Fifth Circuit, the district court determined that defendant was not eligible for a...

Crawford v. Child Protective Srv, et al
Date: January 21, 2021
Docket Number: 19-20760
USA v. Nel
Date: January 21, 2021
Docket Number: 19-51028
USA v. Richards
Date: January 20, 2021
Docket Number: 19-11118
Roberts v. Lessard, et al
Date: January 20, 2021
Docket Number: 19-30039
Berry, et al v. Wells Fargo Bank, et al
Date: January 20, 2021
Docket Number: 19-30836
Gonzalez v. CoreCivic, Inc.  
Date: January 20, 2021
Docket Number: 19-50691

Justia Opinion Summary: Plaintiff, a former alien detainee, filed suit alleging that CoreCivic's work programs are not voluntary. Plaintiff claimed that CoreCivic forced her to clean detention facilities, cook meals for company events, engage i...

USA v. Lewis
Date: January 20, 2021
Docket Number: 20-30479
USA v. Garza
Date: January 20, 2021
Docket Number: 20-50178
USA v. Reyes-Garrido
Date: January 20, 2021
Docket Number: 20-50759
USA v. Garrido-Reyes
Date: January 20, 2021
Docket Number: 20-50766
USA v. Blanton
Date: January 19, 2021
Docket Number: 18-40792
Brown v. Tarrant County  
Date: January 19, 2021
Docket Number: 19-10594

Justia Opinion Summary: In 1998, Brown was convicted of sexual assault and sentenced to 15 years’ imprisonment. Before Brown’s anticipated 2011 release, the state obtained a civil commitment order under the Texas Sexually Violent Predator Act....

Ortega Garcia v. United States  
Date: January 19, 2021
Docket Number: 19-40718

Justia Opinion Summary: Patricia Guadalupe Garcia Cervantes, a Mexican citizen who was attempting to enter the United States illegally by swimming across the Brownsville Ship Channel, was struck and killed by a Coast Guard vessel patrolling the...

Manzano-Murillo v. Rosen
Date: January 19, 2021
Docket Number: 19-60706
USA v. Chica-Gutierrez
Date: January 19, 2021
Docket Number: 20-10070
USA v. Vestal
Date: January 19, 2021
Docket Number: 20-10325
USA v. Rodriguez -Calderon
Date: January 19, 2021
Docket Number: 20-10813
Stringer v. Town of Jonesboro  
Date: January 19, 2021
Docket Number: 20-30192

Justia Opinion Summary: Since 2011, Jonesboro’s wastewater system has spewed sewage onto Stringer’s property and into her home during heavy rains. Stringer repeatedly complained to the town and its mayor, then brought a “citizen suit” under the...

Kerek v. Crawford Elec Supply
Date: January 19, 2021
Docket Number: 20-30555
USA v. Wooten
Date: January 19, 2021
Docket Number: 20-50007
Juca-Juca v. Rosen
Date: January 19, 2021
Docket Number: 20-60538
USA v. Lott
Date: January 15, 2021
Docket Number: 19-20726
Hoffman v. Furr, et al
Date: January 15, 2021
Docket Number: 19-40913
USA v. Derrow
Date: January 15, 2021
Docket Number: 19-40963
USA v. Slider
Date: January 15, 2021
Docket Number: 20-10194
Gomez-Lara v. Rosen
Date: January 15, 2021
Docket Number: 20-60458
Evolve Federal Credit Union v. Barragan-Flores  
Date: January 14, 2021
Docket Number: 18-50420

Justia Opinion Summary: After debtor filed for Chapter 13 bankruptcy, his bankruptcy plan proposed retention of his GMC Sierra, "cram down" of the loan for the purchase of the Sierra, and surrender of the Toyota Camry as collateral for the purc...

Gildon v. Nationstar Mtge, et al
Date: January 14, 2021
Docket Number: 19-10727
United States v. Lucio  
Date: January 14, 2021
Docket Number: 19-11252

Justia Opinion Summary: The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to dealing methamphetamine, holding that the district court did not clearly err in calculating the drug quantity attributable to defendant....

USA v. Wangwamba
Date: January 14, 2021
Docket Number: 19-11362
USA v. Smith
Date: January 14, 2021
Docket Number: 19-30913
University of Texas M.D. Anderson Cancer Center v. United States Department of Health and Human Services  
Date: January 14, 2021
Docket Number: 19-60226

Justia Opinion Summary: After employees of M.D. Anderson lost patients' data, HHS fined M.D. Anderson $4,348,000. M.D. Anderson petitioned for review, and HHS conceded that it could not defend a fine in excess of $450,000. HHS then sought a red...

USA v. Strong
Date: January 14, 2021
Docket Number: 20-10461
USA v. Strong
Date: January 14, 2021
Docket Number: 20-10462
Johnson v. Affiliated Computer Srv, et al
Date: January 13, 2021
Docket Number: 19-10661
Herndon v. Upton  
Date: January 13, 2021
Docket Number: 19-11156

Justia Opinion Summary: Herndon pleaded guilty in the Southern District of Florida to bank fraud with an agreed loss amount of over $3 million. Before sentencing, Herndon was diagnosed with cancer and underwent extensive medical treatment. In 2...

USA v. Brock
Date: January 13, 2021
Docket Number: 19-20786
Johnson v. Kroger
Date: January 13, 2021
Docket Number: 20-10580
USA v. Moore
Date: January 13, 2021
Docket Number: 20-10870
Willbern v. Bayview Loan Servicing
Date: January 13, 2021
Docket Number: 20-20129
Su v. Wilmington Trust
Date: January 13, 2021
Docket Number: 20-20337
Big Tyme Investments, L.L.C. v. Edwards  
Date: January 13, 2021
Docket Numbers: 20-30526, 20-30537

Justia Opinion Summary: Louisiana bar owners challenged the Governor’s restrictions to the operation of bars in response to COVID-19. The Bar Closure Order prohibited on-site consumption of alcohol and food at “bars,” but permitted on-site cons...

Alan Seabaugh, et al, et al
Date: January 13, 2021
Docket Number: 20-30537
Shah v. VHS San Antonio Partners, LLC  
Date: January 13, 2021
Docket Number: 20-50394

Justia Opinion Summary: Shah, a board-certified pediatric anesthesiology specialist, joined STAR, which became the exclusive provider of anesthesia services at several San Antonio-area acute-care hospitals, including NCB. BHS guaranteed STAR $5...

USA v. Bermudez-Chavez
Date: January 13, 2021
Docket Number: 20-50603
USA v. Bermudez-Chavez
Date: January 13, 2021
Docket Number: 20-50605
In Re: Charlie Stewart
Date: January 13, 2021
Docket Number: 20-50808
United States v. Parkerson  
Date: January 12, 2021
Docket Number: 19-10780

Justia Opinion Summary: The Fifth Circuit affirmed defendant's 120-month sentence for failing to register as a sex offender, holding that defendant's sentence is both procedurally and substantively reasonable. In regard to defendant's claims of...

USA v. Williams
Date: January 12, 2021
Docket Number: 19-11287
Muhammad v. Wiles
Date: January 12, 2021
Docket Number: 19-50514
Swales v. KLLM Transport Services, LLC  
Date: January 12, 2021
Docket Number: 19-60847

Justia Opinion Summary: Plaintiffs filed a collective action under the Fair Labor Standards Act (FLSA) against KLLM over a minimum wage labor dispute. The district court granted plaintiffs' certification request, applying the widely used Lusard...

Weiser v. Conroe Regional Med Ctr
Date: January 12, 2021
Docket Number: 20-20226
Brown v. Phoenix Life Ins
Date: January 12, 2021
Docket Number: 20-30225
USA v. Orellana-Castellanos
Date: January 12, 2021
Docket Number: 20-40179
Sissom v. Countrywide Home Loans, et al
Date: January 12, 2021
Docket Number: 20-50392
Diggs v. Vannoy
Date: January 11, 2021
Docket Number: 18-31152
USA v. Argueta-Portillo
Date: January 11, 2021
Docket Number: 18-40955
USA v. O'Neal
Date: January 11, 2021
Docket Number: 18-51073
Cordua Restaurants, Inc. v. National Labor Relations Board  
Date: January 11, 2021
Docket Number: 19-60630

Justia Opinion Summary: The Fifth Circuit denied a petition for review of the BIA's order finding that the employer violated the National Labor Relations Act (NLRA) by firing an employee for engaging in activities protected under the Act. The...

USA v. Williams
Date: January 11, 2021
Docket Number: 20-10693
USA v. Orellana
Date: January 11, 2021
Docket Number: 20-20320
Echeverry v. Jazz Casino Co., LLC  
Date: January 11, 2021
Docket Number: 20-30038

Justia Opinion Summary: After plaintiff was injured when a manlift struck her outside Harrah's Casino in New Orleans, a jury found Jazz Casino negligent, assigning it 49% of the fault. Plaintiff was awarded, among other jury awards, $1,000,000...

Shivers v. BP
Date: January 11, 2021
Docket Number: 20-30300
USA v. Curiel-Trevino
Date: January 11, 2021
Docket Number: 20-40217
USA v. Partaka
Date: January 8, 2021
Docket Number: 19-11160
USA v. Ramirez
Date: January 8, 2021
Docket Number: 19-40381
Doan v. Rosen
Date: January 8, 2021
Docket Number: 19-60485
USA v. Rios Benitez
Date: January 8, 2021
Docket Number: 20-10494
Burch v. Freedom Mortgage, et al
Date: January 8, 2021
Docket Number: 20-10498
USA v. Walker
Date: January 8, 2021
Docket Number: 20-10590
USA v. Hamilton
Date: January 8, 2021
Docket Number: 20-10717
Blair v. Harris County
Date: January 8, 2021
Docket Number: 20-20249
USA v. Joshi
Date: January 8, 2021
Docket Number: 20-40186
In Re: Blaine Milam
Date: January 8, 2021
Docket Number: 20-40849
USA v. El-Hennawi
Date: January 8, 2021
Docket Number: 20-50035
Warnock Engr, et al v. Canton Mun Utilities
Date: January 8, 2021
Docket Number: 20-60238
United States v. Hernandez-Zavala  
Date: January 7, 2021
Docket Number: 18-40669

Justia Opinion Summary: The Fifth Circuit affirmed the summary dismissal of defendant's pro se 28 U.S.C. 2255 motion, in which he challenged his sentence for revocation of supervised release that resulted in an 18-month prison sentence to run c...

USA v. Macedo-Benitez
Date: January 7, 2021
Docket Number: 19-11049
USA v. Preciado
Date: January 7, 2021
Docket Number: 19-50926
Doe v. Harrell, et al
Date: January 7, 2021
Docket Number: 19-51013
USA v. Mayfield
Date: January 7, 2021
Docket Number: 19-51170
Sorev v. Rosen
Date: January 7, 2021
Docket Number: 19-60320
USA v. Regan
Date: January 7, 2021
Docket Number: 20-10198
Lindsley v. TRT Holdings, Inc.  
Date: January 7, 2021
Docket Number: 20-10263

Justia Opinion Summary: Plaintiff filed suit against Omni, alleging (1) pay discrimination under Title VII of the Civil Rights Act of 1964, the Texas Labor Code, and the Equal Pay Act; (2) promotional discrimination under Title VII and the Texa...

USA v. Martinez
Date: January 7, 2021
Docket Number: 20-10464
USA v. Hamilton
Date: January 7, 2021
Docket Number: 20-10566
Ochoa-Castillo v. Carroll
Date: January 7, 2021
Docket Number: 20-20274
Price v. Irons, et al
Date: January 7, 2021
Docket Number: 20-30412
USA v. Perez
Date: January 7, 2021
Docket Number: 20-40181
USA v. Villarreal
Date: January 7, 2021
Docket Number: 20-40483
USA v. Martinez-Nino
Date: January 7, 2021
Docket Number: 20-50145
Blair v. Yum! Brands, et al
Date: January 7, 2021
Docket Number: 20-60791
Ovalles v. Rosen  
Date: January 6, 2021
Docket Number: 17-60438

Justia Opinion Summary: On remand from the Supreme Court, the Fifth Circuit denied the petition for review challenging the BIA's denial of equitable tolling to petitioner's motion to reopen in light of Lugo-Resendez v. Lynch, 831 F.3d 337 (5th...

Taylor-Travis v. Jackson State University  
Date: January 6, 2021
Docket Number: 17-60856

Justia Opinion Summary: After the University terminated her employment as the head coach of the women's basketball team, plaintiff filed suit alleging violations of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendme...

United States v. Tanner  
Date: January 6, 2021
Docket Number: 19-30833

Justia Opinion Summary: The Fifth Circuit affirmed the written amount of restitution imposed after defendant pleaded guilty to one count of financial aid fraud. Defendant asserts that, at sentencing, the district court orally pronounced restitu...

Lopez Acosta v. Rosen
Date: January 6, 2021
Docket Number: 19-60871
USA v. Rubi-Rojas
Date: January 6, 2021
Docket Number: 20-10193
Pennie v. Giorgi, et al
Date: January 6, 2021
Docket Number: 20-10349
USA v. Mathes
Date: January 6, 2021
Docket Number: 20-30183
Mendoza, et al v. FDIC, et al
Date: January 6, 2021
Docket Number: 20-30315
USA v. Montoya
Date: January 6, 2021
Docket Number: 20-50241
USA v. Reyes-Torres
Date: January 6, 2021
Docket Number: 20-50476
USA v. Riley
Date: January 6, 2021
Docket Number: 20-50588
USA v. Chavez
Date: January 5, 2021
Docket Number: 18-50939
United States v. Morton  
Date: January 5, 2021
Docket Number: 19-10842

Justia Opinion Summary: The good faith exception to the Fourth Amendment's exclusionary rule does not allow officers to search the photographs on a defendant's cellphones for evidence of drug possession, when the affidavits supporting the searc...

USA v. Garcia
Date: January 5, 2021
Docket Number: 19-11316
United States v. Delgado  
Date: January 5, 2021
Docket Number: 19-20697

Justia Opinion Summary: The Fifth Circuit affirmed defendant's convictions for bribery-related offenses carried out in connection with his duties as a judge on the 93rd Judicial District in Hidalgo County, Texas. The court held that the evidenc...

USA v. Snell
Date: January 5, 2021
Docket Number: 19-40852
Perez-Escobar v. Rosen
Date: January 5, 2021
Docket Number: 19-60500
Price v. City of Bossier, et al
Date: January 5, 2021
Docket Number: 20-30263
USA v. Byrd
Date: January 5, 2021
Docket Number: 20-30347
Willard v. Friendswood Indep Sch Dist
Date: January 5, 2021
Docket Number: 20-40273
United States v. Thompson  
Date: January 5, 2021
Docket Number: 20-40381

Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of defendant's request for compassionate release from prison on account of his underlying health issues and the COVID-19 pandemic. Defendant had pleaded guilty to co...

USA v. Lopez-Hernandez
Date: January 5, 2021
Docket Number: 20-50742
USA v. Wilson
Date: January 4, 2021
Docket Number: 19-11312
USA v. Miller
Date: January 4, 2021
Docket Number: 19-11332
Espinoza-Villasenor v. Rosen
Date: January 4, 2021
Docket Number: 19-60532
Torres v. Lowe's Home Centers
Date: January 4, 2021
Docket Number: 20-50077
Gohmert v. Pence
Date: January 2, 2021
Docket Number: 21-40001