2023 Fifth Circuit US Court of Appeals Case Law
Opinions 1001 - 1500 of 2981
Date: August 21, 2023
Docket Number: 22-60145
Justia Opinion Summary: This False Claims Act case involves Medicare reimbursements to Stone County Hospital (SCH), a critical access hospital in Wiggins, Mississippi. At trial, the Government proved that Appellants (a corporate management…
Date: August 18, 2023
Docket Number: 21-10133
Justia Opinion Summary: Nine female detention service officers sued Dallas County, alleging that this sex-based scheduling policy violates Title VII’s prohibition against sex discrimination. Constrained by our decades-old, atextual precedent, a…
Date: August 18, 2023
Docket Number: 22-20459
Justia Opinion Summary: The Satanic Temple and one of its members sued the Texas Health and Human Services Commission (“THHSC”), its Executive Commissioner, and the Planned Parenthood Center for Choice, Inc., seeking injunctive and…
Date: August 18, 2023
Docket Number: 22-30602
Justia Opinion Summary: AKD Investments, LLC (AKD), filed for bankruptcy. At that time, Magazine Investments I, LLC (Magazine), held the notes on AKD’s main asset, a building on Magazine Street in New Orleans, Louisiana. After Magazine resumed…
Date: August 17, 2023
Docket Number: 18-30694
Justia Opinion Summary: Defendant a federal prisoner, appeals the denial of this 28 U.S.C. Section 2255 motion alleging breach of his plea agreement based on serious allegations against Assistant U.S. Attorneys and ineffective assistance of…
Date: August 17, 2023
Docket Number: 21-10966
Justia Opinion Summary: Defendant appealed the district court’s denial of his motion to suppress on two grounds: (1) that officers lacked reasonable suspicion to initiate a traffic stop of his vehicle, and (2) that Defendant did not voluntarily…
Date: August 17, 2023
Docket Number: 22-20388
Justia Opinion Summary: Defendant was convicted of thirteen financial crimes. Defendant filed a series of pro se motions for compassionate release. This appeal arises from Defendant's third such motion. Defendant asked to be released based on…
Date: August 17, 2023
Docket Number: 22-30329
Justia Opinion Summary: Defendant, a corporal with the Shreveport Police Department, shot Plaintiff four times. Plaintiff filed a 42 U.S.C. Section 1983 suit against Defendant. After a bench trial, the district court ruled that Defendant was…
Date: August 17, 2023
Docket Number: 22-50048
Justia Opinion Summary: Pro se Plaintiffs-Appellants Alejandro Hernandez and his wife, Edith Schneider-Hernandez, appeal the dismissal of their claims against Defendant-Appellees West Texas Treasures Estate Sales, L.L.C., Linda Maree Walker,…
Date: August 16, 2023
Docket Number: 20-10478
Justia Opinion Summary: Prisoner, DefendanDefendant, a prisoner, brought an ineffective-assistance-of-counsel claim under 28 U.S.C. Section 2255. His claims rest on the argument that his sentence for the latter offense should have been adjusted…
Date: August 16, 2023
Docket Number: 22-10103
Justia Opinion Summary: Defendant pleaded guilty, with a plea agreement, to one count of misprision of a felony, to wit: wire fraud. Because of the substantial assistance that he provided the government, the district court sentenced him below…
Date: August 16, 2023
Docket Number: 22-10686
Justia Opinion Summary: On a Mesa Airlines flight from Birmingham to Dallas Fort Worth International Airport, a flight attendant grew concerned about two passengers, Plaintiffs. She alerted the pilot, who, despite the reassurance of security…
Date: August 16, 2023
Docket Number: 22-20434
Justia Opinion Summary: Cenikor Foundation brought an interlocutory appeal challenging the district court’s determination that collective action of its drug rehabilitation patients may proceed under the Fair Labor Standards Act (“FLSA” or “the…
Date: August 16, 2023
Docket Number: 22-30309
Justia Opinion Summary: After slipping on a puddle of water in a Wal-Mart store, Plaintiff sued Defendant Wal-Mart Inc. and Wal-Mart Louisiana, L.L.C. in federal district court. The district court granted summary judgment for the Defendants,…
Date: August 16, 2023
Docket Number: 22-30436
Justia Opinion Summary: Plaintiff is the former Chief Financial Officer of the Cypress Bayou Casino. The Casino is owned by the Chitimacha Tribe of Louisiana. The Chitimacha Tribe is one of four federally recognized Indian tribes in Louisiana.…
Date: August 16, 2023
Docket Number: 22-30490
Justia Opinion Summary: The district court dismissed with prejudice a suit brought by Plaintiff against the Louisiana Twenty-First Judicial District and its former Chief Judge Robert Morrison, concluding that: (1) the Twenty-First Judicial…
Date: August 16, 2023
Docket Number: 23-10362
Justia Opinion Summary: The United States Food and Drug Administration approved mifepristone for use in 2000 under the brand name Mifeprex. FDA approved a generic version in 2019, and in 2021, FDA announced that it would not enforce an agency…
Date: August 15, 2023
Docket Number: 19-40904
Justia Opinion Summary: San Benito police officer Hector Lopez approached Plaintiff while Plaintiff was standing in the front yard of his property. Lopez pushed open the gate into Plaintiff’s yard. Plaintiff told Lopez he needed a warrant and…
Date: August 15, 2023
Docket Number: 22-10544
Justia Opinion Summary: Defendant’s sentence was enhanced by enhancement provisions in the Armed Career Criminal Act. Powell appeals, arguing that following the Supreme Court’s decision in United States v. Taylor, a conviction for Texas…
Date: August 15, 2023
Docket Number: 22-10772
Justia Opinion Summary: Plaintiff is an immigration attorney whose work often requires international travel. Upon his return from one such trip, the Department of Homeland Security (“DHS”) diverted him to secondary screening after his surname…
Date: August 14, 2023
Docket Number: 22-11092
Justia Opinion Summary: After several instances of inappropriate behavior and twice failing to show up for a client’s sentencing hearing, mostly due to a problem with substance abuse, attorney Plaintiff was referred by a presiding judge to a…
Date: August 14, 2023
Docket Number: 22-60457
Justia Opinion Summary: A Mississippi statute empowers boards of supervisors to contract “by the year” for legal counsel. The Hinds County Board of Supervisors hired Plaintiff and his law firm to perform legal work for the County. Plaintiff’s…
Date: August 11, 2023
Docket Number: 22-30369
Justia Opinion Summary: Defendant appealed the district court’s entry of an order of forfeiture as part of his criminal sentence for his drug and money laundering conspiracy offenses. The Fifth Circuit affirmed. The court explained that…
Date: August 11, 2023
Docket Number: 22-50368
Justia Opinion Summary: Heriberto Chavez, Evangelina Escarcega (representing her son, Jose Escarcega), and Jorge Moreno (collectively “Plaintiffs”) sought to represent a class in a lawsuit against Plan Benefit Services, Fringe Insurance…
Date: August 11, 2023
Docket Number: 22-70005
Justia Opinion Summary: Appellant Matthew Johnson filed a petition for a writ of habeas corpus and separately moved to recuse the district judge to whom that petition was assigned. On appeal, The Fifth Circuit denied Petitioner’s motion for a…
Date: August 11, 2023
Docket Number: 23-30030
Justia Opinion Summary: Defendant asserts that he is required by his religious faith to abstain from psychiatric medication. Because he is not competent to stand trial, though, the government requested to involuntarily medicate him, and the…
Date: August 10, 2023
Docket Number: 21-30082
Justia Opinion Summary: Petitioner filed a 1983 claim, arguing that he was held in administrative segregation for 300 days over his 30-day disciplinary sentence without additional due process, such as new disciplinary hearings or periodic…
Date: August 10, 2023
Docket Number: 22-10227
Justia Opinion Summary: Defendant pled guilty to possessing child pornography. The district court sentenced him to 168 months in prison and ordered him to pay his victims $46,000 in restitution. On appeal, Defendant argued that he was not…
Date: August 9, 2023
Docket Number: 22-10094
Justia Opinion Summary: Plaintiff is a former Texas state prisoner proceeding pro se and in forma pauperis. Defendant alleged in his 42 U.S.C. Section 1983 action that the director of his former state prison’s faith-based dorm program conspired…
Date: August 9, 2023
Docket Number: 22-60431
Justia Opinion Summary: Defendant pleaded guilty to the production of child pornography. On appeal, he challenged the district court’s application of a sentence enhancement pursuant to 18 U.S.C. Section 2251(e) based on his prior conviction for…
Date: August 9, 2023
Docket Number: 22-60596
Justia Opinion Summary: Title 18 U.S.C. Section 922(g)(3) bars an individual from possessing a firearm if he is an “unlawful user” of a controlled substance. Patrick Daniels is one such “unlawful user”—he admitted to smoking marihuana multiple…
Date: August 8, 2023
Docket Number: 22-40332
Justia Opinion Summary: Defendant was convicted of enticement of a minor, travel with intent to engage in illicit sexual conduct, and transfer of obscene material to a minor. A total offense level of 41 and a criminal history category of I…
Date: August 7, 2023
Docket Number: 22-10384
Justia Opinion Summary: Defendant pled guilty to three counts of possessing a firearm as a felon in violation of 18 U.S.C. Section 922(g)(1). He raised various issues on appeal. The Fifth Circuit vacated and remanded. The court explained that…
Date: August 7, 2023
Docket Number: 22-60501
Justia Opinion Summary: Petitioner and her son entered the United States illegally after fleeing alleged gang violence in Honduras. They sought asylum and related relief but were denied; their appeal to the Board of Immigration Appeals (“BIA”)…
Date: August 4, 2023
Docket Number: 19-60678
Justia Opinion Summary: In this class action, Plaintiffs, representing persons who have been convicted of certain crimes and have completed the terms of their sentences, challenge their disenfranchisement by two provisions of Article XII of the…
Date: August 4, 2023
Docket Number: 22-20454
Justia Opinion Summary: This case is part of the battle between telecommunications providers that are attempting to expand next-generation wireless services (commonly called 5G) and municipalities that are resisting that expansion. The City of…
Date: August 4, 2023
Docket Number: 22-50064
Justia Opinion Summary: Plaintiff received his third citation for Driving While Intoxicated (“DWI”). As a term of his probation, Plaintiff, an alcoholic, was required to attend weekly substance abuse classes. Some of these classes conflicted…
Date: August 4, 2023
Docket Number: 23-20097
Justia Opinion Summary: Brothers and energy consultant executives led an international bribery scheme implicating companies and individuals across the globe. They pleaded guilty to crimes related to their participation in the enterprise and…
Date: August 3, 2023
Docket Number: 22-20274
Justia Opinion Summary: Inmarsat Global Limited and related entities(collectively, “Inmarsat”) operate a satellite network providing communications services to remote locations, including ships at sea. Inmarsat sells the services at retail to…
Date: August 2, 2023
Docket Number: 18-60575
Justia Opinion Summary: Seven years ago, the Fifth Circuit court vacated d, as arbitrary and capricious, the Federal Energy Regulatory Commission’s (“FERC”) cost allocation scheme for electrical grid improvements in the WestConnect region,…
Date: August 1, 2023
Docket Number: 22-10361
Justia Opinion Summary: This action under 42 U.S.C. Section 1983 arises out of a man’s death while in pretrial detention in the Callahan County, Texas, Jail. Plaintiffs’ challenged the adverse summary judgments, including contesting evidentiary…
Date: August 1, 2023
Docket Number: 22-30041
Justia Opinion Summary: Great Lakes Insurance, S.E. insured Hello Dolly VI, a boat owned by Gray Group Investments, L.L.C. The Hello Dolly sank in Pensacola, Florida, during a hurricane. Gray Group filed a claim under the insurance policy,…
Date: August 1, 2023
Docket Number: 22-50102
Justia Opinion Summary: Plaintiffs asserted claims in district court under Section 1983 against various officials for failing to protect a man in custody, claiming violations of the Eighth and Fourteenth Amendments. They also have claims…
Date: August 1, 2023
Docket Number: 23-10319
Justia Opinion Summary: The National Firearms Act of 1934 (“NFA”) and the Gun Control Act of 1968 (“GCA”) are two of the primary means of federal arms regulation and licensure T.he statutes impose heightened and at times, onerous requirements…
Date: July 31, 2023
Docket Number: 21-10938
Justia Opinion Summary: Copart of Connecticut, Inc. (“Copart”) is a subsidiary of Copart, Inc., an online car-auction company that sells used, wholesale, and repairable vehicles. Copart owns several parcels of land in Lexington County, South…
Date: July 31, 2023
Docket Number: 22-10511
Justia Opinion Summary: In January 2022, a jury convicted United Development Funding (“UDF”) executives (collectively “Appellants”) of conspiracy to commit wire fraud affecting a financial institution, conspiracy to commit securities fraud, and…
Date: July 28, 2023
Docket Number: 22-30270
Justia Opinion Summary: Without a plea agreement, Defendant pleaded guilty to carjacking resulting in serious bodily injury and discharging a firearm in furtherance of a crime of violence or a drug trafficking crime. The district court…
Date: July 28, 2023
Docket Number: 22-30357
Justia Opinion Summary: Defendant, a deer farmer in Louisiana, was found guilty of aiding and abetting others in hunting over bait and hunting over a baited area, both in violation of the Migratory Bird Treaty Act. The district court affirmed…
Date: July 27, 2023
Docket Number: 21-60733
Justia Opinion Summary: A man was arrested for being part of a scheme to take a picture of Senator Thad Cochran’s late wife in the privacy of her nursing room home. One month later, the man was found dead in his home, seemingly from suicide.…
Date: July 27, 2023
Docket Number: 22-50056
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a firearm and received a sentencing enhancement for possessing a gun “in connection with” drug trafficking. Defendant raised two challenges to his…
Date: July 26, 2023
Docket Number: 22-30296
Justia Opinion Summary: Defendant pleaded guilty to one count of identity theft and one count of possession of a firearm by a convicted felon. The district court found the calculated guidelines range of 15 to 21 months to be “woefully…
Date: July 25, 2023
Docket Number: 21-10620
Justia Opinion Summary: A grand jury indicted a doctor and two pharmacists (collectively, “Appellants” or “Defendants”) for roles in a “pill-mill” operation. Prosecutors charged Appellants with three drug-distribution conspiracies that each…
Date: July 25, 2023
Docket Number: 21-40849
Justia Opinion Summary: Defendant was indicted on one count of being a felon in possession of a firearm. He moved to suppress the evidence of the weapon, claiming that the gun was the fruit of an unlawful seizure because the officer lacked…
Date: July 25, 2023
Docket Number: 22-20321
Justia Opinion Summary: Bouchard Transportation Company and its affiliates (collectively “Bouchard”)—debtors in bankruptcy—prepared to sell some of their assets at an auction. Fearing the auction would go poorly, Bouchard solicited a “stalking…
Date: July 25, 2023
Docket Number: 22-30143
Justia Opinion Summary: The Jefferson Parish School Board (JPSB) separately suspended two students for individually having a BB gun visible during virtual school. Each student’s family sued the school board, in part seeking a declaration that…
Date: July 24, 2023
Docket Number: 20-50945
Justia Opinion Summary: Plaintiff was repeatedly tased while he was a pretrial detainee at the McLennan County jail in Waco, Texas. Plaintiff insists that he did nothing to warrant the use of force—that he was neither threatening nor resisting…
Date: July 24, 2023
Docket Number: 21-20140
Justia Opinion Summary: Defendant pled guilty to conspiring to possess cocaine with intent to distribute it, in violation of 21 U.S.C. Sections 846, 841(a)(1), and 841(b)(1)(B). Defendant had two prior drug convictions for possessing…
Date: July 24, 2023
Docket Number: 22-20380
Justia Opinion Summary: Almost a decade ago, Huntsville, Plaintiff, a Texas firefighter, had gallbladder surgery. It did not go well, and ever since, Plaintiff has needed medication and treatment for complications. And for years, both the City…
Date: July 21, 2023
Docket Number: 22-30405
Justia Opinion Summary: In this diversity case, Plaintiff sued Biomet Inc. and Zimmer, Inc. (collectively, “Biomet”) under the Louisiana Products Liability Act (“LPLA”). The district court found Plaintiff’s claims were prescribed and granted…
Date: July 21, 2023
Docket Number: 22-50064
Justia Opinion Summary: Plaintiff received his third citation for Driving While Intoxicated (“DWI”). As a term of his probation, Plaintiff, an alcoholic, was required to attend weekly substance abuse classes. Some of these classes conflicted…
Date: July 21, 2023
Docket Number: 22-51124
Justia Opinion Summary: The PredictIt Market is an online marketplace that lets people trade on the predicted outcomes of political events. Essentially, it is a futures market for politics. In 2014, a division within the Commodity Futures…
Date: July 20, 2023
Docket Number: 22-10433
Justia Opinion Summary: Plaintiff, on behalf of a putative class of students, sued Southern Methodist University (“SMU”) for refusing to refund tuition and fees after the university switched to remote instruction during the COVID-19 pandemic.…
Date: July 19, 2023
Docket Number: 22-10575
Justia Opinion Summary: The bankruptcy court, administering a complex bankruptcy, dismissed NexPoint Advisors, LP’s objection to professional fees paid to myriad organizations. NexPoint appealed to the district court, sitting as an appellate…
Date: July 19, 2023
Docket Number: 22-60399
Justia Opinion Summary: A company providing crane services, TNT Crane & Rigging, Inc., petitioned the Fifth Circuit to overturn the final orders of the Occupational Safety and Health Review Commission. Those orders reversed decisions by an…
Date: July 18, 2023
Docket Number: 22-20341
Justia Opinion Summary: Plaintiffs claimed law enforcement officers violated the Constitution when they responded to a detainee’s epileptic seizure in a jail cell by restraining and tasing him several times. The district court either dismissed…
Date: July 18, 2023
Docket Number: 22-40440
Justia Opinion Summary: Mingtel, a Texas-based company, ordered two batches of computer tablets from Shenzen Synergy Digital, a Chinese company, hoping to resell them through the Home Shopping Network (“HSN”). The first batch bombed on HSN,…
Date: July 18, 2023
Docket Number: 22-70005
Justia Opinion Summary: Appellant was indicted for intentionally causing the death of another by setting her on fire during a robbery. The jury found him guilty of capital murder, as alleged in the indictment. Appellant challenged the validity…
Date: July 17, 2023
Docket Number: 21-30446
Justia Opinion Summary: Plaintiff filed a Section 1983 civil rights suit in Louisiana state court against Louisiana Department of Public Safety and Corrections Secretary James LeBlanc. Among other claims, Plaintiff argued that LeBlanc violated…
Date: July 17, 2023
Docket Number: 21-50118
Justia Opinion Summary: Defendant pleaded guilty to drug offenses and assaulting or impeding U.S. Border Patrol agents. The district court sentenced him within the guidelines range to a total of 46 months of imprisonment, three years of…
Date: July 17, 2023
Docket Number: 22-20363
Justia Opinion Summary: The Uniformed Services Employment and Reemployment Rights Act (“USERRA” or “the Act”), Plaintiff appealed the district court’s entry of judgment, after a jury trial, in favor of Defendant Spring Independent School…
Date: July 14, 2023
Docket Number: 21-20553
Justia Opinion Summary: A disabled public school student was sexually assaulted by another student with known violent tendencies. Despite knowing of this attack, the victim’s teachers let both her and her aggressor wander the school…
Date: July 14, 2023
Docket Number: 22-30164
Justia Opinion Summary: Plaintiff-Appellant Weyerhaeuser NR Company (“NR”) entered into a manufacturing agreement with Simsboro Coating Services, LLC (“Simsboro”). That agreement required Simsboro to acquire commercial general liability…
Date: July 14, 2023
Docket Number: 22-30241
Justia Opinion Summary: Defendants Cpl. John Lee and Cpl. Derek Barker appealed the district court’s denial of their motion for summary judgment seeking qualified immunity from Plaintiffs’ unlawful entry and excessive force claims. The Fifth…
Date: July 14, 2023
Docket Number: 22-30435
Justia Opinion Summary: Defendant, a rap artist as well as a convicted felon, owned a company that hired a videographer to film Defendant throughout his life for eventual use in a music video. One day, an anonymous 911 caller reported several…
Date: July 14, 2023
Docket Number: 22-30488
Justia Opinion Summary: Plaintiff worked as a longshoreman as early as 1998 and worked regularly for Cooper from 2008 through the date of his injury on June 22, 2018, never going more than a week and a half without working. He performed various…
Date: July 12, 2023
Docket Number: 22-11070
Justia Opinion Summary: Plaintiff appealed the district court’s summary judgment of his claims against Safeco Insurance Company of Indiana (“Safeco”) for violating Section 541 and Section 542 of the Texas Insurance Code. The Fifth Circuit…
Date: July 12, 2023
Docket Number: 22-20095
Justia Opinion Summary: Three installers of window blinds sued FS Blinds, L.L.C., the company for which they worked. The district court granted summary judgment to FS Blinds, determining that Plaintiffs had not met their prima facie burden to…
Date: July 12, 2023
Docket Number: 22-50788
Justia Opinion Summary: Appellee won a multi-million-dollar arbitration award (the “Award”) against his former attorney and son-in-law, Appellant. Appellant soon filed for bankruptcy and sought to discharge the amounts awarded against him.…
Date: July 11, 2023
Docket Number: 22-20238
Justia Opinion Summary: Defendant pleaded guilty to two counts of distribution of child pornography and one count of possession of child pornography involving the sexual exploitation of minors. He was sentenced to 60 months in prison on each…
Date: July 11, 2023
Docket Number: 22-50285
Justia Opinion Summary: Defendant pled guilty to conspiring to transport and transporting undocumented immigrants resulting in serious bodily injury and death. He appealed a two-level sentencing enhancement under U.S.S.G. Section 2L1.1(b)(8)(A)…
Date: July 11, 2023
Docket Number: 22-50842
Justia Opinion Summary: A Listeria outbreak led to a shutdown of Blue Bell factories and a nationwide recall of its products. Consequently, Blue Bell suffered a substantial financial loss. A shareholder of Blue Bell Creameries brought a…
Date: July 10, 2023
Docket Number: 21-40856
Justia Opinion Summary: The Fifth Circuit denied Plaintiff’s motion for leave to proceed IFP and dismissed his appeal failure to pay filing fees pursuant to 28 U.S.C. Sections 1911–14. The court barred Plaintiff from proceeding IFP in any civil…
Date: July 10, 2023
Docket Number: 22-10848
Justia Opinion Summary: Plaintiff attended a Federal Aviation Administration (“FAA”) air traffic controller training program at the FAA Academy. Because he failed the final performance assessment, Plaintiff was not retained as a permanent air…
Date: July 10, 2023
Docket Number: 22-20047
Justia Opinion Summary: Under Texas law, parties to municipal contracts must certify that they do not and will not boycott Israel for the duration of their contracts. The City of Houston offered A&R Engineering and Testing, Inc. a contract with…
Date: July 10, 2023
Docket Number: 22-40225
Justia Opinion Summary: Texas allows illegal aliens who satisfy residency requirements to pay that in-state, lower tuition. A Texas university student group of out-of-state students, the Young Conservatives of Texas Foundation (YCT), sued…
Date: July 10, 2023
Docket Number: 22-60307
Justia Opinion Summary: Petitioner is a native of El Salvador. He first entered the United States around 2003 and was ordered removed in 2007. He then returned three more times—in 2010, 2018, and 2019. This appeal concerns his 2019 visit. In…
Date: July 7, 2023
Docket Number: 21-20579
Justia Opinion Summary: A Texas jury found Petitioner guilty of aggravated sexual assault of a child under the age of six, and he was sentenced to forty-five years’ imprisonment. Petitioner challenged his conviction both on direct appeal and…
Date: July 6, 2023
Docket Number: 22-10534
Justia Opinion Summary: Secretary of Defense Lloyd Austin ordered all members of the Armed Forces to be vaccinated against COVID-19. Secretary of the Navy Carlos Del Toro followed suit soon after, mandating vaccination for all Navy…
Date: July 5, 2023
Docket Number: 22-30080
Justia Opinion Summary: The Treasury Department administers the Community Development Financial Institutions Fund. The Fund supports financial institutions that serve low-income clients and communities. To be eligible for funding, a financial…
Date: June 30, 2023
Docket Number: 17-70012
Justia Opinion Summary: Petitioner was convicted of capital murder and sentenced to death for his involvement in the robbery and murder of a pastor. After exhausting his state remedies, Petitioner filed a federal habeas petition under 28 U.S.C.…
Date: June 29, 2023
Docket Number: 22-40241
Justia Opinion Summary: Plaintiff was arrested and released on a surety bond provided by Big Bubba’s. Plaintiff was formally charged with the same offense in April 2016, but due to an epileptic seizure, he was hospitalized before receiving…
Date: June 29, 2023
Docket Number: 22-60350
Justia Opinion Summary: Defendant is a medical doctor. He contracted with two hospitals, one in Mississippi and one in Alabama. He usually made $30,000 to $40,000 per month. Because he was a contractor, the hospitals did not withhold any wages…
Date: June 28, 2023
Docket Number: 21-20577
Justia Opinion Summary: At issue in this case are three such Texas laws: Texas Election Code sections 61.003, 61.010, and 85.036 (collectively, the “electioneering laws”). Plaintiff filed this action, alleging that she was unconstitutionally…
Date: June 28, 2023
Docket Number: 22-11132
Justia Opinion Summary: The Securities and Exchange Commission (“SEC”) sued Defendant as well as other individual Defendants and corporate entities for securities violations. Defendant appealed the district court’s order appointing a receiver…
Date: June 23, 2023
Docket Number: 22-10412
Justia Opinion Summary: Defendant has two state convictions for indecent exposure to children. The government contends that those convictions “clearly” relate United States Court of Appeals Fifth Circuit “to the sexual exploitation of…
Date: June 23, 2023
Docket Number: 22-20419
Justia Opinion Summary: In 2019, Appellant filed a Form I-140 petition for a work visa under 8 USC Sec. 1153(b)(2) and Form I-485 applications for himself and his spouse to adjust their immigration statuses. Appellant's I-140 petition asserted…
Date: June 23, 2023
Docket Number: 22-40663
Justia Opinion Summary: Plaintiff sued Nueces County and Wellpath for “County/Municipal Liability” under Section 1983. Specifically, he alleged that the county was liable because it “sanctioned the custom, practice, and/or policy or procedure…
Date: June 23, 2023
Docket Number: 22-50971
Justia Opinion Summary: This is an appeal from the denial of a preliminary injunction. While this appeal was pending, the district court subsequently dismissed Plaintiffs’ claims. The Fifth Circuit dismissed the appeal as moot. The court…
Date: June 22, 2023
Docket Number: 22-20405
Justia Opinion Summary: This dispute began in 2016 when Defendants sued a motorist in state court for damages stemming from an automobile accident. The motorist fled the scene of the accident, was criminally charged for failing to provide his…
Date: June 22, 2023
Docket Number: 22-50164
Justia Opinion Summary: Defendants were among 24 individuals indicted on various charges in connection with their involvement in the Sinaloa Cartel. Defendants were jointly tried during a 10-day jury trial. One defendant was convicted on five…
Date: June 22, 2023
Docket Number: 22-50295
Justia Opinion Summary: Plaintiff sued the Austin Independent School District (“AISD”) on behalf of her minor son, A.H., alleging that AISD violated Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (“ADA”), and…
Date: June 22, 2023
Docket Number: 22-50808
Justia Opinion Summary: The attorney appointed to represent Defendant moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).…
Date: June 21, 2023
Docket Number: 20-30159
Justia Opinion Summary: This litigation challenges the bail practices of one Louisiana parish. The claim is that money bail is required for pretrial detainees without consideration of alternatives, violating the rights of indigents to…
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