United States Court of Appeals for the Fifth Circuit

Mark Vasquez Plaintiff— v. CIMA Services, L.P.; Lubrizol Advanced Materials, Inc.; The Lubrizol Corporation Defendants—

The Fifth Circuit affirmed summary judgment because the plaintiff failed to timely oppose the defendant's motion despite prior warnings and multiple continuances. The court held that the district court acted within its discretion to deny the emergency filing request and treat the motion as unopposed under Federal Rule of Civil Procedure 56.

Securities and Exchange Commission v. Robert Allen Stanford

The Fifth Circuit affirmed summary judgment against Robert Allen Stanford, holding that his prior criminal convictions established civil liability under federal securities laws through collateral estoppel. The court found Stanford forfeited all substantive challenges to jurisdiction and the definition of certificates of deposit by failing to raise them at the summary-judgment stage.

United States of America Plaintiff— v. Toshemie Wilson Defendant—

The Fifth Circuit affirmed Toshemie Wilson's conviction for sexually exploiting children, rejecting arguments that a lay witness improperly offered expert testimony and that the evidence was insufficient. The court held that Agent Blythe's testimony regarding device origins and data extraction fell within permissible lay knowledge under Federal Rule of Evidence 701.

Munajj v. City of Fredericksburg

The Fifth Circuit affirmed the dismissal of a § 1983 lawsuit alleging wrongful arrest because the arresting officer possessed probable cause based on the totality of circumstances. The court held that the subsequent dismissal of the underlying assault charge does not negate the existence of probable cause at the time of arrest.

United States of America Plaintiff— v. Darryl Felder Defendant—

Austin Shuler’s Best Lawns, Incorporated v. M. Shapiro Management Company, L.L.C., doing business as Grand Oaks at Liberty Hill Defendant—

Roderick Napoleon Harris Petitioner— v. Eric Guerrero, Director, Texas Department of Criminal Justice Correctional Institutions Division Respondent—Appellee Application for Cert...

United States of America Plaintiff— v. Manuel Dimas Guerra Defendant—

Logan Wesley, III v. Jeff Neal

The Fifth Circuit affirmed the dismissal of a Texas prisoner's Section 1983 claims alleging assault and medical neglect by jail officials. The court held that the district court properly dismissed claims with prejudice for failure to state a claim and without prejudice for defective service of process.

United States of America v. Jesus Arturo Conchas-Mancilla

The Fifth Circuit affirmed the denial of a motion to suppress cocaine found in a vehicle, holding that a drug-detection dog's repeated alerts provided probable cause for the search. The court clarified that an instinctive alert, distinct from a trained indication, can establish probable cause when viewed under the totality of the circumstances.