Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit certified a question to the Mississippi Supreme Court regarding whether construction liens are valid when they rely on attached invoices that fail to clearly identify the last date labor was provided. The appellate court remanded the case with instructions to await the state court's answer before proceeding.
The Fifth Circuit affirmed Rosezzettea Lee Lopez's convictions for transporting undocumented individuals for commercial advantage, ruling that recorded messages and admissions provided sufficient evidence of a financial motive. The court also rejected Lopez's constitutional challenges to her arrest and prosecution, holding that these arguments were waived because they were not raised during her trial.
The Fifth Circuit affirmed the dismissal of a customer's claims against his bank for failing to prevent third-party fraud on unrelated accounts. The court held that under Texas law, banks owe no duty to customers to prevent such fraud absent a foreseeable danger, and the plaintiff failed to meet the strict pleading standards required for fraud and consumer protection claims.
The Fifth Circuit affirmed the dismissal of Ethel Cheatam's civil action against Family Dollar Store for lack of subject matter jurisdiction. The court held that the case failed to meet federal jurisdictional requirements despite the appellant's pro se status.
The Fifth Circuit affirmed a conviction for illegal reentry, ruling that a district court does not violate Federal Rule of Criminal Procedure 11 by failing to explicitly define 'official restraint' during a guilty plea colloquy. The court held that no clear or obvious error occurred because binding precedent does not require judges to address surveillance as a form of official restraint.
The Fifth Circuit affirmed the denial of a preliminary injunction, holding that the Rooker-Feldman doctrine stripped the federal court of jurisdiction. The court ruled that the plaintiff's claims were an impermissible attempt to overturn a state child-support judgment rather than a challenge to ongoing constitutional violations.
The Fifth Circuit affirmed the district court's grant of summary judgment against Babu K. Thomas, holding that he failed to provide sufficient evidence to support his claims of employment discrimination and retaliation. The court ruled that Thomas's termination was based on unexcused absences and a failure to provide medical documentation, rather than his protected status or activities.
The Fifth Circuit affirmed summary judgment for a prison official in a civil rights case, ruling that the inmate failed to prove deliberate indifference regarding his housing assignment. The court applied plain error review due to the appellant's failure to object to the magistrate judge's report and found no clear error in the district court's dismissal of the claim.
The Fifth Circuit affirmed Demario Montrell Rodgers's conviction for felon in possession of a firearm, ruling that the district court correctly denied his motion to suppress evidence. The court held that the totality of the circumstances provided reasonable suspicion for the investigatory stop that led to the discovery of the weapon.
The Fifth Circuit affirmed Xavion Watts's conviction and ten-year sentence for possession of a machinegun, finding no procedural or substantive error in the district court's sentencing decision. The court also rejected Watts's unpreserved constitutional challenges to the federal machinegun ban under the Second Amendment and Commerce Clause.