Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed a district court ruling allowing a breach of contract dispute between joint venture partners to proceed without joining the joint venture entity itself. The court held that the joint venture was not an indispensable party and that one partner's retention of settlement funds violated the joint venture agreement.
The Fifth Circuit affirmed the sentences of a defendant convicted of drug conspiracy and supervised release violations, rejecting his claim that the district court relied on impermissible self-serving statements. The court held that the probation officer's conservative drug quantity calculation was supported by corroborating evidence and that the district court did not violate the Supreme Court's recent Esteras ruling.
The Fifth Circuit affirmed summary judgment for Union Pacific Railroad Company in a personal injury case involving a minor injured on railroad tracks. The court held that the danger of a moving train and the specific risk of slack action were open and obvious under Texas law, negating any duty to warn or protect the child.
The Fifth Circuit affirmed the district court's grant of summary judgment in favor of CenterPoint Energy, finding that the plaintiff failed to provide evidence of causation for his retaliation claims or evidence of defamatory statements. The court further held that the plaintiff forfeited challenges to the denial of his motions because he failed to adequately brief those specific issues.
The Fifth Circuit affirmed the district court's denial of a motion to vacate an arbitration award in an employment discrimination dispute. The court held that the appellant's arguments regarding arbitrator misconduct and procedural errors were forfeited because his pro se brief failed to provide specific factual support or legal analysis for his claims.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Juan Andres Macharigui-Duran after finding no nonfrivolous issues for appeal. The court dismissed the defendant's criminal appeal following a review of the record and the Anders brief.
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 appellate review.
The Fifth Circuit affirmed Zipora Hudson's conviction for conspiracy to commit wire fraud and money laundering, ruling that the evidence was sufficient to prove she knowingly facilitated fraudulent PPP loan applications. The court held that a reasonable jury could find Hudson guilty based on her active participation in directing ineligible clients to her son and orchestrating the resulting kickbacks.
The Fifth Circuit affirmed the denial of asylum, withholding of removal, and Convention Against Torture protection to a Nepalese citizen who failed to appear at his immigration hearing. The court held that the petitioner's erroneous assumptions about prior notices and venue motions did not constitute the 'exceptional circumstances' required to vacate an in absentia removal order.
The United States Court of Appeals for the Fifth Circuit affirmed the sentences imposed on Gilbert Gomez Jr. following his drug conspiracy convictions and supervised release revocations. The court rejected arguments regarding drug quantity findings, sentencing adjustments, and the constitutionality of consecutive revocation sentences.