Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit reversed a district court's grant of summary judgment in a Federal Tort Claims Act case involving a Customs and Border Protection agent. The appellate court held that a reasonable jury could find the agent was acting within the scope of his employment when he struck a plaintiff while retrieving donated supplies for his union.
The Fifth Circuit denied a petition for review challenging the Maritime Administration's approval of a deepwater LNG export project. The court held that the environmental petitioners failed to establish Article III standing because they could not demonstrate a concrete, particularized injury traceable to the agency's licensing decision.
The United States Court of Appeals for the Fifth Circuit affirmed a district court ruling upholding Louisiana Act 358, which prohibits pharmaceutical manufacturers from interfering with covered entities' use of contract pharmacies to dispense discounted drugs under the federal Section 340B Program.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by an incarcerated plaintiff who sought to proceed in forma pauperis. The court found the appeal lacked arguable merit because the claims were time-barred or failed to state a cognizable constitutional issue.
The Fifth Circuit affirmed summary judgment for Saltgrass in a contract dispute over a property covenant. The court held that uncontroverted testimony from the drafter resolved the ambiguity, making interpretation a question of law rather than a jury issue.
The United States Court of Appeals for the Fifth Circuit affirmed a district court ruling upholding Louisiana Act 358 against challenges from pharmaceutical manufacturers. The court held that the state law regulating contract pharmacy distribution is not preempted by federal law and does not violate constitutional provisions.
The United States Court of Appeals for the Fifth Circuit affirmed a district court ruling upholding Louisiana Act 358 against challenges from pharmaceutical manufacturers. The court held that the state law regulating contract pharmacy distribution under the Section 340B Drug Pricing Program is not preempted by federal law and does not violate the Constitution.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Howard Lawrence Ellsworth, III and Theresa Lynn Ellsworth as frivolous. The court denied their motion to proceed in forma pauperis because they failed to meaningfully challenge the district court's dismissal of their claims.
The United States Court of Appeals for the Fifth Circuit denied a petition for review challenging a Board of Immigration Appeals decision. The court upheld the denial of a motion to reopen proceedings and rescind an in absentia removal order.
The Fifth Circuit affirmed a criminal sentence involving illegal reentry and supervised release conditions. The court held that the defendant's challenge to a probation officer's notification authority was foreclosed by existing circuit precedent.