Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit reversed the denial of summary judgment, holding that a deputy's brief push and pull of a mother at a school constituted de minimis force insufficient to violate the Fourth Amendment. Because the force used was nominal, the deputy is entitled to qualified immunity and the plaintiffs' federal and state law claims must be dismissed.
The Fifth Circuit vacated an order from the National Labor Relations Board that found Starbucks violated labor laws. The court held that the Board applied the wrong legal standard when evaluating the employer's use of subpoenas during a union organizing campaign.
The Fifth Circuit affirmed summary judgment for Baylor Scott & White Hospital, ruling that the plaintiff failed to prove a causal link between her protected activity and subsequent adverse employment actions. The court held that significant temporal gaps between the employee's reports of racial discrimination and the disciplinary measures taken against her rendered the retaliation claim insufficient as a matter of law.
The Fifth Circuit affirmed the dismissal of a class-action lawsuit against Southwest Airlines, ruling that passengers who never flew on the defective Boeing 737 MAX aircraft lacked Article III standing. The court held that the plaintiffs failed to allege a concrete economic injury because they were not overcharged for their tickets.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Ronnie Ray Lemons due to an insufficiently developed record. The court granted the appointed attorney's motion to withdraw after finding no nonfrivolous issues for appellate review.
The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for review.
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 United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing Jose Daniel Ramirez. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit affirmed a 27-month prison sentence for illegal reentry, ruling that the district court did not commit plain error by failing to address a downward variance argument. The court also dismissed a challenge to the statutory maximum, holding that the issue is foreclosed by the Supreme Court's decision in Almendarez-Torres.
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.