Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
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 denied the petition for rehearing en banc, affirming that it remains bound by Supreme Court precedent allowing sentencing courts to consider conduct for which a defendant was acquitted. While the court expressed deep concern regarding the constitutional and fairness implications of this practice, it concluded that the specific facts of this case did not warrant a departure from binding authority.
The Fifth Circuit denied a petition for review, upholding the Board of Immigration Appeals' refusal to grant deferral of removal under the Convention Against Torture. The court found substantial evidence supported the conclusion that El Salvador's prison conditions are not specifically intended to inflict torture and that the petitioner's future risk of torture remains speculative.
The Fifth Circuit affirmed a sentence for illegal reentry, rejecting the defendant's claim that a written supervised release condition conflicted with the court's oral pronouncement. The court held that the discrepancy was a mere ambiguity rather than a conflict, as the condition aligned with the district court's intent and the parties' understanding regarding deportation.
The Fifth Circuit denied a petition for review upholding a 150-day suspension of a pilot's license for flying an aircraft with a tail number that did not match its registration documents. The court found the pilot failed to meet the narrow standard for reasonable reliance and that the administrative nature of the violation did not preclude a safety sanction.
The Fifth Circuit vacated the district court's grant of summary judgment on Greg Murphy's due process claims, finding a genuine dispute of material fact regarding his entitlement to premium pay under school district policy. The court affirmed summary judgment on Murphy's First Amendment and Fourth Amendment claims, holding that the record supported the district's legitimate reasons for his termination and arrest.
The Fifth Circuit affirmed the conviction of a convicted felon for possession of a firearm, rejecting his constitutional challenges to the federal statute. The court held that binding precedent foreclosed the defendant's Second Amendment claim and that he had conceded his Commerce Clause argument.