Bar Association of the Fifth Federal Circuit
@baffc.bsky.social
In re Howard: #5thCir denies motions by TX convicted murderer facing impending execution: 2nd habeas petition barred by limitations & makes previously presented claim; possibility of #SCOTUS decision doesn't warrant stay #appellatesky #lawsky baffc.net/4j3fWRi Phillips v Ethicon Endo-Surgery: #5thCir, given plaintiffs' concessions/forfeitures, affirms dismissal of TX #productliability claim re surgical stapler/staples by family of man who died from sepsis after colon surgery #appellatesky #lawsky baffc.net/4ALLnWE Frankfort v Metropolis: #5thCir affirms dismissal of #FDCPA action against parking lot operator on other grounds: defendant wasn't "debt collector"; district court erred in granting dismissal based on originator exclusion #appellatesky #lawsky baffc.net/4dmRTZV Pittsburgh Logistics v Glen Rose: #5thCir affirms dismissal of unjust enrichment & misappropriation claims after jury trial, affirms Rule 59(e) denial; concurrence discusses magistrate judge's ex parte meeting with defendant #appellatesky #lawsky baffc.net/4y8RIZL US v Koan: #5thCir vacates sentence: defendant preserved objection to application of USSG 5G1.3(b) although he didn't explicitly cite it; court had power to adjust sentence to credit time served on state conviction #dissent #appellatesky #lawsky baffc.net/4egVXLB US v Serna: #5thCir affirms denial of jury instruction in child porn prosecution: §2251(a) doesn't require knowledge of victim's age/minority, even for non-commercial porn production #appellatesky #lawsky baffc.net/4AJ5STZ Domanic v Christian Brothers Automotive: #5thCir affirms summary judgment dismissal of § 1981 discrimination claim by ethnic & religious Jew denied ability to own franchise because he wasn't Christian #concur #appellatesky #lawsky baffc.net/46UzOim Marshall v Guerrero: #5thCir denies #COA to #deathrow inmate convicted of 2003 Houston Whataburger murder/robbery: as to claims on appeal, defendant couldn't overcome procedural default imposed by #TXlaw #appellatesky #lawsky baffc.net/3Vqck1R US v Chaney: #5thCir, on remand from #SCOTUS in light of #Hunter, again enforces appeal waiver, dismisses appeal: defendant didn't meet new "miscarriage of justice" standard in challenging career offender classification #appellatesky #lawsky baffc.net/4hhcyjm NexPoint v Highland: #5thCir denies rehearing, issues new opinion affirming #bankruptcy court's $826K inherent-power sanction of company that filed claim its officers knew to be baseless & spent years litigating in bad faith #appellatesky #lawsky baffc.net/46tMHzC East Fork v #EPA: #5thCir vacates rule/risk determination under #TSCA that almost all uses of methylene chloride pose unreasonable risk of injury to health, finds legal errors & lack of substantial supporting evidence #APA #appellatesky #lawsky baffc.net/3VyUGsI Megalomedia v Philadelphia: #5thCir affirms judgment for insurer in claim by producer of My 600-lb Life, finds forfeiture of argument that it's not a reality show (& thus not excluded), no fraud evidence #concur #dissent #appellatesky #lawsky baffc.net/46q610I Texas v USDOT: #5thCir reverses denial of conservation groups' motion to intervene of right, finds no appellate jurisdiction to consider merits of vacatur of threatened/endangered species listing rule #ESA #appellatesky #lawsky baffc.net/4h1sEx7 Breaux v Worrell: after #LASC answered certified questions in auto injury case, #5thCir reverses judgment finding NC city & employee were entitled to immunity under LA Homeland Security Emergency Assistance Disaster Act #appellatesky #lawsky baffc.net/4iUsYjQ IFG v Lake Charles Harbor: #5thCir affirms vacating referral to magistrate judge after $125M bench trial jm for IFG; finds disclosure of relationship w/lead trial counsel was incomplete; rejects constructive knowledge #dissent #appellatesky #lawsky baffc.net/3V3EYpk Okene v Blanche: #5thCir denies review of removal cancellation denial for Nigerian native; after recent SCOTUS case, adopts substantial-evidence review for hardship determinations & similar questions under special cancellation #appellatesky #lawsky baffc.net/4x6ziYU Sterling v City of Jackson: #5thCir #enbanc 15/5 affirms dismissal of suit re municipal water service: no constitutional right to be free from exposure to contaminated water or to accurate information from public officials #appellatesky #lawsky baffc.net/4djYt3a #5thCir affirms MS juvenile's conviction for possession of machine gun because he possessed Glock switches (machine gun conversion devices); rejects challenges re jurisdiction, #SecondAmendment & ATF's authority (waived) #guns #appellatesky #lawsky baffc.net/3VdWN55 Transportation Consultants v Lloyd's: in #Ida property damage case, #5thCir affirms judgment compelling foreign insurers to #arbitrate & denying as to domestic insurers, remands re issue of stay during arbitration #LAlaw #appellatesky #lawsky baffc.net/4gDOAzK Konan v USPS: #5thCir on remand from #SCOTUS after it found #FTCA "postal exception" covered claims for intentional nondelivery of mail, affirms dismissal of claims w/correction that FTCA dismissal be w/out prejudice #appellatesky #lawsky baffc.net/4gBg9tl Ramirez v TX City: #5thCir vacates nominal damages award, remands for #jury trial after bench trial on plaintiff's due process house-demolition claim: plaintiff was entitled to jury trial after FRCP 39(b) motion #7thAmendment #appellatesky #lawsky baffc.net/4xwG63c US v Padilla: #5thCir affirms $3,500 #MVRA restitution order to benefit victim of former police chief: 4th prong of #plainerror review not met as to application of MVRA; order for future psychological care was supported #appellatesky #lawsky baffc.net/4x2Jguo Adams v Guerrero: #5thCir affirms denial of post-conviction relief, rejects TX capital murder defendant's insufficient evidence argument, discusses twin hurdles of #AEDPA & Jackson v VA #criminallaw #appellatesky #lawsky baffc.net/3SIi1r6 Annie M v Aledo ISD: #5thCir affirms summary judgment for school district, rejecting theory of partial parental consent to initial evaluation: lack of parental consent meant #IDEA duty to provide #FAPE wasn't triggered #appellatesky #lawsky baffc.net/4qG1U9S Pena v Starr County: #5thCir affirms #qualifiedimmunity summary judgment for defendants on deliberate indifference/wrongful death claim by relatives of arrestee who died in jail: no violation of clearly established law #appellatesky #lawsky baffc.net/4wTuGVW US v West: After remand for resentencing/increased restitution award, #5thCir orders government's opposed motion to dismiss appeal be carried with case to allow full briefing; #concur & #dissent discuss criminal appeal waivers #appellatesky #lawsky baffc.net/4y5DHMP US v Mitchell: #5thCir affirms felon-in-possession-of-firearm conviction: no #2ndAmendment violation where predicate offense was LA felony of attempting to disarm police officer; flight instruction proper; evidence sufficient #appellatetsky #lawsky baffc.net/3SY7cBe US v Palencia-Berrum: #5thCir vacates 46-mo, top of Guidelines sentence for illegal reentry, remands: district court relied on clearly erroneous facts to find sentencing aggravators #dissent #plainerror #appellatesky #lawsky baffc.net/4xqn3Ys Rummans v HSBC Bank: #5thCir affirms bench-trial judgment for lender: no error in district court's finding sufficient evidence to presume plaintiff received required notice before #foreclosure on VA loan #mailboxrule #appellatesky #lawsky baffc.net/4grdH7e Black v UniBank: #5thCir vacates order denying lender's objection seeking to uphold priority in distributions from #receivership estate, remands for reconsideration: summary judgment provided insufficient process to lender #appellatesky #lawsky baffc.net/4d2zYY9 Kipp Flores v AMH: split #5thCir finds appellate jurisdiction despite district court's Rule 41 dismissal of part of an action, affirms dismissal of #DMCA claims, vacates dismissal of #copyright infringement claims #dissent #appellatesky #lawsky baffc.net/4gNCtjs 
