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

In this case, the United States Court of Appeals for the Fifth Circuit reversed a verdict from the United States District Court for the Northern District of Texas. The plaintiffs, C. Sidney Johnston and Danette Johnston, had sued Ferrellgas, Incorporated after Mr. Johnston was injured using a propane tank manufactured by Ferrellgas. A jury had found Ferrellgas liable for a manufacturing defect and negligence and awarded the Johnstons $7 million, which the district court reduced to $1.7 million. On appeal, Ferrellgas contended that the district court erred in denying its motion for judgment as a matter of law because there was insufficient evidence to support the verdict.The Court of Appeals agreed with Ferrellgas. The Court found that there was no substantial evidence to support the jury's finding that the tank was defective when it left Ferrellgas's possession, a crucial element of a manufacturing defect claim. The Court also found that the negligence claim must fail, as it was dependent on the tank having a manufacturing defect.The Court therefore reversed the district court's denial of Ferrellgas's motion for judgment as a matter of law on both the manufacturing defect and negligence claims, and rendered judgment for Ferrellgas. View "Johnston v. Ferrellgas" on Justia Law

The United States Court of Appeals for the Fifth Circuit affirmed the conviction and sentence of defendant Vincent Marchetti, Jr., who was found guilty of one count of conspiracy to commit illegal remunerations in violation of 18 U.S.C. § 371. Marchetti was involved in a scheme wherein Vantari Genetics LLC, a medical laboratory, paid distributors to attract Medicare referrals to Vantari. Marchetti, who operated Advanced Life Sciences LLC, was one of the distributors and had a network of sub-distributors. The court found sufficient evidence that Marchetti was knowingly and actively participating in a scheme involving CodonDx, another entity, that violated the Anti-Kickback Statute. The court rejected Marchetti's challenges regarding the sufficiency of the evidence, the district court's failure to submit his theory of defense instruction, the court's alleged constructive amendment of the indictment, and the court's application of the sentencing guidelines. The court also dismissed his claim for a new trial based on cumulative error. View "USA v. Marchetti" on Justia Law

This federal appeal case involves the claim of Eric Cruz, a former pretrial detainee at the Lubbock County Detention Center (LCDC), against Officer Domingo Cervantez. Cruz alleged that Cervantez violated his constitutional rights by showing deliberate indifference to his safety while he was enduring attacks from his cellmate. The jury agreed that Cervantez was deliberately indifferent but also decided that he was entitled to qualified immunity because he did not act unlawfully, considering the clearly established law and the information he had at the time. Cruz, now representing himself, argued that the district court erred in excluding evidence of disciplinary action taken against Cervantez following the incidents.The United States Court of Appeals for the Fifth Circuit, however, affirmed the district court's decision. Even if the lower court erred in excluding the disciplinary notice, Cruz failed to demonstrate that this error affected his substantial rights. The appellate court found that the disciplinary notice was largely duplicative of trial testimony and would have added very little to the evidence. Furthermore, it affirmed the jury's finding that a reasonable officer could have believed that Cruz was not in unreasonable danger, and thus Cervantez's actions were lawful in light of clearly established law and the information he possessed. View "Cruz v. Cervantez" on Justia Law

In this case before the United States Court of Appeals for the Fifth Circuit, the plaintiff, Lebene Konan, alleged that the United States Postal Service (USPS) employees intentionally withheld her mail for two years. Konan, who is African American, owned two properties in Texas that she rented out to tenants. She claimed that USPS employees, Jason Rojas and Raymond Drake, deliberately failed to deliver mail to these residences because they didn't like the idea of a black person owning those properties.Konan filed a lawsuit under the Federal Tort Claims Act (FTCA) and also alleged violations of her equal protection rights. The district court dismissed her claims due to lack of subject matter jurisdiction and failure to state a claim. Konan appealed the decision.The Appeals Court affirmed in part and reversed in part. It ruled that the district court erred in dismissing Konan's FTCA claim, finding that the postal-matter exception to the FTCA's immunity waiver did not apply to intentional acts such as those alleged. The court ruled that Konan's claims did not constitute a "loss," "miscarriage," or "negligent transmission" of mail, which are covered by the exception, as they involved intentional non-delivery of mail.However, the court agreed with the district court's dismissal of Konan's equal protection claims. The court held that Konan did not provide sufficient facts to support her assertion that the USPS employees continued to deliver mail to similarly situated white property owners while denying her mail delivery. It also held that her claims were barred by the intracorporate-conspiracy doctrine, which precludes conspiracy claims against multiple defendants employed by the same governmental entity. Therefore, the court affirmed the dismissal of Konan's equal protection claims. View "Konan v. USPS" on Justia Law

In the case considered by the United States Court of Appeals for the Fifth Circuit, employee Michael Ashford sued his former employer, Aeroframe Services, and Aviation Technical Services (ATS), alleging unpaid wages and other damages. The case, which began in Louisiana state court and was later removed to federal court, was complicated by numerous claims and counterclaims among the parties, including third-party defendant Roger Allen Porter, who was Aeroframe's sole principal.Initially, Ashford and other employees pursued claims against Aeroframe and ATS, alleging that negotiations between the two companies led to Aeroframe's insolvency and employees' loss of wages. ATS, in turn, cross-claimed against Aeroframe and Porter, alleging financial losses from its failed attempt to acquire Aeroframe. Porter also cross-claimed against ATS, asserting tortious interference and unfair trade practices.The Court of Appeals previously remanded the case to the district court, finding that the parties were not aligned in their interests at the time of the lawsuit's filing, and the district court lacked jurisdiction due to lack of diversity among the parties. Upon reconsideration, however, the district court found new evidence indicating that the interests of Aeroframe, Porter, and the employees were aligned from the inception of the litigation and that an irrevocable settlement agreement between them existed, allowing removal under the relevant law.The Court of Appeals affirmed the district court's ruling, finding that the non-ATS parties' interests were aligned from the litigation's inception. The Court also affirmed the district court's dismissal of all claims against ATS and the individual judgments against Aeroframe in favor of the employees. View "Ashford v. Aviation Technical Svc" on Justia Law

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

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

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

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

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