Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit vacated a district court dismissal based on a pre-litigation mediation clause, finding the defendants waived their right to enforce it. The court held that the defendants failed to pursue mediation within the contractual thirty-day window and instead engaged in repossession and litigation tactics.
The Fifth Circuit affirmed a restitution award for a child pornography victim while correcting a clerical error that understated the total amount. The court held that the district court did not abuse its discretion in relying on a counselor's cost estimates despite minor arithmetic mistakes in the supporting chart.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit affirmed a district court ruling upholding a Texas city's zoning ordinance that prohibits short-term rentals in residential districts. The court held that Texas law does not recognize a vested property right to lease a home on a short-term basis and that the ordinance satisfies rational-basis review under the Equal Protection Clause.
The United States Court of Appeals for the Fifth Circuit denied a petition for review of a Board of Immigration Appeals order. The court found the petitioner failed to provide evidence compelling a conclusion contrary to the agency's findings on asylum and torture claims.
The Fifth Circuit affirmed a conviction for illegal reentry after the defendant raised a constitutional challenge to a recidivism enhancement for the first time on appeal. The court held that the argument was foreclosed by existing Supreme Court precedent.
The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing Cheri Ann Palmer. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit affirmed the denial of qualified immunity to a sheriff in a wrongful death lawsuit involving a pretrial detainee. The court held that the plaintiffs' allegations, if true, established a violation of clearly established law regarding the failure to provide medical care.
The Fifth Circuit affirmed the revocation of Andre Demarcus Rubell's supervised release and his subsequent sentence. The court held that Rubell's constitutional challenge to the statute was foreclosed by binding precedent.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a homeowner's insurance dispute after she accepted an appraisal award without challenging it. The court held that the plaintiff's acceptance of the award and failure to contest it barred her subsequent claims for breach of contract and tort.