Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed a district court dismissal of a food processor's negligence claims against a bank. The court held that under Mississippi law, a bank owes no duty of care to a non-customer whose funds are diverted by third parties.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction of a convicted felon for possession of ammunition. The court granted the government's motion for summary affirmance because the appellant's constitutional challenges were foreclosed by existing precedent.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction of Mark Owen Garraway for transporting illegal aliens. The court held that the evidence was sufficient to support the jury's finding that Garraway knew the individuals were aliens.
The United States Court of Appeals for the Fifth Circuit granted a stay of a preliminary injunction pending appeal in a challenge to a Texas law restricting public investment. A concurring opinion by Judge James C. Ho emphasized that the statute regulates conduct rather than speech and aligns with Supreme Court precedent on nondiscrimination conditions for public funds.
The Fifth Circuit affirmed a defendant's sentence after determining that a high-speed car chase constituted violence under the federal sentencing safety valve. The court held that fleeing at speeds exceeding one hundred thirty-five miles per hour and striking another vehicle satisfied the statutory bar to relief.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of an employment discrimination claim for failing to meet the Twombly and Iqbal pleading standards. The court held that the plaintiff's complaint contained only conclusory allegations without sufficient factual detail to render the claim plausible.
The Fifth Circuit affirmed a consecutive sentence imposed on a defendant who threatened a federal officer. The court held that the district court did not abuse its discretion in balancing sentencing factors under the Guidelines.
The Fifth Circuit affirmed a district court dismissal of a pro se wrongful death suit against the United States Postal Service and a labor union. The court modified the judgment to clarify that the dismissal was without prejudice to the plaintiff's ability to pursue the claims in a pending earlier-filed suit.
The Fifth Circuit affirmed the district court's denial of a motion to compel arbitration. The court held that the defendants waived their right to arbitrate by substantially invoking the judicial process over two years of litigation.
The Fifth Circuit affirmed summary judgment for BP in a toxic tort case arising from the Deepwater Horizon oil spill. The court held that the plaintiff's expert testimony failed to establish general causation because it did not link the specific chemical exposure to the plaintiff's specific cancer.