Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

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The case was heard in the United States Court of Appeals for the Fifth Circuit between former Blue Cube employee Elizabeth Cerda and her former employer, Blue Cube Operations, L.L.C. Cerda had been terminated for receiving pay for hours she did not work and threatening to expose her co-workers to COVID-19. She sued Blue Cube under the Family and Medical Leave Act (FMLA) and Title VII of the Civil Rights Act (Title VII). The district court granted summary judgment to Blue Cube, which Cerda appealed.The Appeals Court reviewed the case de novo and affirmed the district court's grant of summary judgment to Blue Cube. The Court found that Cerda failed to provide sufficient evidence for her FMLA claims. She did not adequately notify Blue Cube of her need or intent to take leave beyond her lunch breaks. The Court also dismissed Cerda's FMLA retaliation and Title VII sex discrimination claims due to lack of evidence of pretext. The Court found that Blue Cube had legitimate, non-retaliatory, and non-discriminatory reasons for terminating Cerda's employment.Furthermore, Cerda's Title VII sexual harassment claim was dismissed as she did not provide evidence that the harassment was based on her sex, was severe or pervasive enough to alter the conditions of her employment, or that Blue Cube had knowledge of the conduct. Lastly, the Court found no abuse of discretion in the district court's denial of Cerda's request to reconvene a deposition on a second day. Thus, the judgment of the district court was affirmed. View "Cerda v. Blue Cube Operations" on Justia Law

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In 2015, Christopher Novinger and ICAN Investment Group, L.L.C. were sued by the Securities and Exchange Commission (SEC) for fraudulently offering and selling life settlement interests in violation of the Securities and Exchange Acts. As part of the settlement, Novinger and ICAN were prohibited from casting doubt on the validity of the SEC’s investigation or enforcement against them or proclaiming their innocence unless they also indicated their lack of innocence.Later, Novinger sought judicial review of the decree, claiming it violated his First Amendment rights. His motion for relief was denied by the district court, and this decision was affirmed by the United States Court of Appeals for the Fifth Circuit. Novinger then moved for a declaratory judgment under the Declaratory Judgment Act (DJA) and Federal Rule of Civil Procedure 57, essentially raising the same claims as in his initial motion. The district court again denied his motion, ruling that it was procedurally improper and that there was no change in the law or facts that called for a modification of the decrees.Novinger appealed this decision, but the Fifth Circuit ruled that it did not have jurisdiction to review a procedurally improper motion that was denied as such. The court stated that the district court's order did not change the status quo or resolve any substantive issues, and thus, it was not a final decision that could be appealed. The court also rejected the assertion that the motion for declaratory judgment could be construed as an appropriate pleading under the DJA, maintaining the distinction between a pleading as an initial filing in a case and a motion as a subsequent filing. The appeal was dismissed for lack of jurisdiction. View "SEC v. Novinger" on Justia Law

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Gold Coast Commodities, Inc., a company that converts used cooking oil and vegetable by-products into animal feed ingredients, was insured under a policy by Travelers Casualty and Surety Company of America. The policy included a pollution exclusion clause. During the policy period, the City of Brandon and the City of Jackson filed suits against Gold Coast, alleging that the company dumped corrosive, high-temperature wastewater into their respective sewer systems, causing damage. Travelers denied coverage for these claims, citing the policy's pollution exclusion clause. Gold Coast appealed this decision, arguing that Travelers had a duty to defend them in these lawsuits and reimburse them for their defense costs.The United States Court of Appeals for the Fifth Circuit upheld the lower court's decision, finding that the claims against Gold Coast were clearly and unambiguously excluded from coverage based on the policy's pollution exclusion. The court noted that the pollution exclusion clause was not ambiguous in this context, as there was no reasonable interpretation of the wastewater's form or qualities that would conclude that it was not an irritant or contaminant, as defined in the policy.The court concluded that because the claims fell outside the policy's coverage, Travelers had no duty to defend or indemnify Gold Coast and its principals in relation to the lawsuits brought against them by the City of Brandon and the City of Jackson. Therefore, the court affirmed the decision of the district court, which had denied Gold Coast's motions for partial judgment on the pleadings and had granted Travelers' motion for partial summary judgment. View "Gold Coast Commodities, Inc. v. Travelers Casualty and Surety Company of America" on Justia Law

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In 2022, Richard Schorovsky pleaded guilty to being a felon in possession of a firearm, violating 18 U.S.C. § 922(g)(1). He had prior convictions in Texas for felony robbery, aggravated robbery, and burglary of a habitation. The district court determined these previous convictions were "violent felonies" committed on separate occasions, qualifying Schorovsky for sentence enhancement under the Armed Career Criminal Act (ACCA). He was sentenced to the ACCA’s mandatory minimum of 15 years of imprisonment and five years of supervised release. Schorovsky appealed, challenging his enhanced sentence and guilty plea.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court determined that the district court properly concluded that Schorovsky's previous convictions were committed on separate occasions, based on "Shepard-approved" documents, which included indictments and judgments for Schorovsky’s prior convictions. The court also ruled that Schorovsky's prior burglary-of-a-habitation conviction qualified as an ACCA predicate, as Texas Penal Code § 30.02(a) fits within the generic definition of burglary and thus qualifies as an ACCA violent felony. The court dismissed Schorovsky's argument that the district court violated his due process right to notice by finding that his burglary conviction was an ACCA violent felony, stating that Schorovsky was aware of and understood his ACCA enhancement. The court finally concluded that Schorovsky's guilty plea was knowing and voluntary, despite the district court advising him of incorrect minimum and maximum terms of imprisonment resulting from his plea. View "USA v. Schorovsky" on Justia Law

Posted in: Criminal Law
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In this case, the United States Court of Appeals for the Fifth Circuit examined a case involving widowed octogenarians Iris Calogero and Margie Nell Randolph, who received dunning letters from a Louisiana law firm, Shows, Cali & Walsh (SCW). The letters came as part of the recovery efforts for a program known as the "Road Home" grant program, which was established to provide funds for home repair and rebuilding after Hurricanes Katrina and Rita. The widows claimed that the letters were misleading and violated the Fair Debt Collection Practices Act (FDCPA). The district court initially granted summary judgment in favor of SCW, but this ruling was reversed on appeal.The case centered on the interpretation of the FDCPA, which prohibits debt collectors from using false or misleading representations in connection with the collection of any debt. The plaintiffs claimed that SCW had misrepresented the status of their debts, collected or attempted to collect time-barred debts, and threatened to assess attorneys' fees without determining whether such a right existed.The Fifth Circuit Court of Appeals agreed with the plaintiffs and held that SCW had violated the FDCPA in three ways: by misrepresenting the judicial enforceability of the time-barred debts; by mischaracterizing Calogero's debt; and by misrepresenting the availability of attorneys' fees. The court found that the dunning letters were untimely, misleading, and threatened action that SCW had no legal basis to take, such as collecting attorneys' fees not authorized by contract or statute.Therefore, the Court reversed the district court's judgment and remanded the case for further proceedings. View "Calogero v. Shows, Cali & Walsh" on Justia Law

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This case involves a maritime personal injury claim brought by Plaintiff Shanon Roy Santee against his employer, Oceaneering International, Inc., and two other companies, Transocean Offshore Deepwater Drilling, Inc. and Chevron USA, Inc. Santee was a remote-operated vehicle (ROV) technician working on a drillship, the Deepwater Conqueror. He sustained an injury while replacing a part on one of the ROVs and subsequently sued the three companies under the Jones Act, general maritime law, and the Saving to Suitors Clause.The defendants removed the case to the Southern District of Texas, arguing that the federal court had jurisdiction under the Outer Continental Shelf Lands Act (OCSLA). Santee moved to remand the case to state court, arguing he was a "seaman" under the Jones Act. The district court denied the motion and granted summary judgment in favor of the defendants.The United States Court of Appeals for the Fifth Circuit affirmed the lower court's decision. The appellate court agreed that Santee was not a seaman under the Jones Act, so his Jones Act claims were fraudulently pleaded. The court also found that the district court had original jurisdiction under the OCSLA because the drillship was on the Outer Continental Shelf at the time of Santee's injury. Consequently, Santee's only remedy was under the Longshore and Harbor Workers' Compensation Act.The court also found no error in the district court's decision to grant summary judgment in favor of the defendants on Santee's negligence and unseaworthiness claims. It concluded that the defendants did not breach their duties to Santee, and Santee failed to show that additional discovery would have created a genuine issue of material fact. View "Santee v. Oceaneering Intl." on Justia Law

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The United States Court of Appeals for the Fifth Circuit reviewed a case involving the question of whether the federal Title X program preempts a Texas law that gives parents the right to consent to their teenagers’ obtaining contraceptives. Alexander Deanda, a father raising his children according to Christian beliefs, challenged the Secretary of Health and Human Services' administration of Title X, which funds clinics providing contraceptives to minors without parental notification or consent. Deanda contested this on the grounds that it nullifies his right to consent to his children's medical care, infringing on his state-created right. The court held that Title X does not preempt Texas's law. The statute does not preempt Deanda's parental right to consent to his children's obtaining contraceptives because Title X's goal (encouraging family participation in teens’ receiving family planning services) is not undermined by Texas's goal (empowering parents to consent to their teen’s receiving contraceptives). Instead, the two laws reinforce each other. The court affirmed the district court’s judgment to the extent it declared that Title X does not preempt Texas's parental consent law. However, the court reversed the partial vacatur of a regulation which forbids Title X grantees from notifying parents or obtaining their consent, as the regulation was not challenged by Deanda under the Administrative Procedure Act or otherwise. View "Deanda v. Becerra" on Justia Law

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Marvin Jackson attended a World Wrestling Entertainment (WWE) event and alleges that a pyrotechnics blast caused him to lose most of his hearing in his left ear. The tickets were purchased as a surprise gift by his nephew, Ashton Mott, on SeatGeek.com. All ticket purchases required agreement to various terms and conditions, including an arbitration agreement, and stated that entry to the event would constitute acceptance of these terms. Jackson sued WWE in Texas state court for negligence, but WWE moved the case to federal court and requested arbitration per the ticket agreement. The district court granted WWE’s motion, stating that Mott acted as Jackson's agent and that Jackson was therefore bound by the terms of the ticket, including the arbitration agreement.Jackson appealed the decision, arguing that Mott did not have the authority to act on his behalf and therefore the arbitration agreement should not be enforceable against him. The United States Court of Appeals for the Fifth Circuit disagreed with Jackson's argument. The court held that although Mott purchased the tickets without Jackson's knowledge or control, he acted as Jackson’s agent when he presented the ticket on Jackson's behalf for admittance to the event. The ticket's terms and conditions were clear that use of the ticket would constitute acceptance of the arbitration agreement. Therefore, the court affirmed the district court's decision to compel arbitration, as the arbitration agreement is enforceable against Jackson. View "Jackson v. World Wrestling" on Justia Law

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This case involved an appeal by David Clapper, who had filed a lawsuit against American Realty Investors, Inc., and other associated entities. Clapper alleged that these entities had transferred assets to avoid paying a judgment from a previous lawsuit, in violation of the Texas Uniform Fraudulent Transfers Act and the doctrine of alter ego liability. The jury had ruled in favor of the defendants, but Clapper appealed, asserting that the defendants' counsel had made multiple improper and prejudicial statements during the closing argument.The United States Court of Appeals for the Fifth Circuit agreed with Clapper and found that the defendants' counsels' closing argument had indeed irreparably prejudiced the fairness of the trial. The court noted that the counsels had made several improper and highly prejudicial statements, including launching personal attacks against Clapper's counsel, making references to Clapper's wealth, discussing matters not in the record, appealing to local bias, and suggesting Clapper's bad motives. These statements were considered collectively and in the context of the trial.The court reversed the decision of the district court and remanded the case for further proceedings. The court also highlighted the importance of civility in the practice of law, discouraging the use of abusive tactics and emphasizing the need for courtesy, candor, and cooperation in all lawyer-to-lawyer dealings. View "Clapper v. American Realty Investors" on Justia Law

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The case involved a challenge to Texas House Bill 1181 (H.B. 1181), which imposed new standards on commercial pornographic websites. The law required these sites to verify the age of their visitors and display health warnings about the effects of consuming pornography. The plaintiffs, which included an adult industry trade association, several corporations involved in the production and distribution of pornography, and an individual adult content creator, challenged the constitutionality of the law. The U.S. District Court for the Western District of Texas granted a preliminary injunction against the enforcement of H.B. 1181, concluding that the law likely violated the plaintiffs' First Amendment rights and was preempted by Section 230 of the Communications Decency Act.The U.S. Court of Appeals for the Fifth Circuit, however, vacated the injunction against the age-verification requirement, holding that the requirement was rationally related to the government's legitimate interest in preventing minors' access to pornography and did not violate the First Amendment. Furthermore, the court ruled that Section 230 did not preempt H.B. 1181. However, the court upheld the injunction concerning the health warnings, concluding that they constituted compelled speech in violation of the First Amendment. View "Free Speech Coalition v. Paxton" on Justia Law