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

Professor James Wetherbe, known for his anti-tenure views, claimed he faced retaliation from Lance Nail, the then-dean of the business school at Texas Tech University (TTU), for his public criticisms of tenure. Wetherbe alleged that Nail's retaliatory actions included removing him from teaching assignments, falsely accusing him of misconduct, and revoking his emeritus status, among other adverse actions. Wetherbe sued Nail under 42 U.S.C. §1983 for violating his First Amendment rights and sought injunctive and declaratory relief against the current dean, Margaret Williams.The United States District Court for the Northern District of Texas denied the defendants' second amended Rule 12(c) motion, holding that Wetherbe sufficiently alleged a constitutional violation and that Nail’s actions were objectively unreasonable in light of clearly established law. The defendants appealed the denial of qualified immunity.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court concluded that the contours of First Amendment law regarding retaliation were not clearly established at the time the events occurred. Specifically, the court found that it was not clearly established that Wetherbe’s speech regarding tenure was on a matter of public concern. Consequently, the court reversed the district court’s order and rendered judgment in favor of the defendants, granting Nail qualified immunity from Wetherbe’s First Amendment retaliation claims. The court did not address Wetherbe’s claims for declaratory and injunctive relief against Williams, as the district court had not ruled on those claims. View "Wetherbe v. Texas Tech University" on Justia Law

Ross Shaun Adair hired Stutsman Construction to repair his flood-damaged home. Adair claimed the repairs were substandard and refused to pay the final installment. Stutsman obtained a default judgment against Adair in Louisiana state court. Adair then filed for bankruptcy, and Stutsman sought to have its judgment declared nondischargeable. Adair argued that Stutsman’s regulatory violations barred this relief under the unclean hands doctrine. The bankruptcy court ruled that the Louisiana judgment precluded Adair’s unclean hands defense.The bankruptcy court held that Adair willfully and maliciously injured Stutsman by not paying the final installment and denied dischargeability of the judgment. The district court affirmed both the preclusion of Adair’s unclean hands defense and the merits of Stutsman’s complaint.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the bankruptcy court erred in finding Adair’s unclean hands defense precluded, as the default judgment did not indicate the issue was actually litigated. Additionally, the court noted that Adair’s unclean hands defense was not available in the Louisiana litigation, which only allowed a narrower legal defense under the Louisiana Civil Code. The appellate court vacated the bankruptcy court’s judgment and remanded the case for consideration of Adair’s unclean hands defense. View "Adair v. Stutsman Construction" on Justia Law

The Federal Communications Commission (FCC) issued an order requiring most television and radio broadcasters to compile and disclose employment-demographics data to the FCC, which would then post the data on its website. Petitioners, a group of broadcasters and associations, challenged the order, arguing that the FCC lacked statutory authority for such a requirement, and that it violated their First and Fifth Amendment rights, and was arbitrary and capricious under the Administrative Procedure Act.The FCC reinstated the collection of employment-demographics data in February 2024, ending a 22-year hiatus. The data collection, through Form 395-B, was intended to monitor industry trends and report to Congress. The FCC had previously collected this data until 2002, when it was suspended following a court ruling that found certain FCC regulations unconstitutional. The FCC's new order also included amendments to Form 395-B, such as adding non-binary gender categories and expanding job categories.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the FCC lacked statutory authority to require broadcasters to submit Form 395-B. The court explained that the FCC's broad public-interest authority must be linked to a distinct grant of authority from Congress, which was not present in this case. The court also rejected the FCC's argument that the 1992 Cable Act ratified its authority to collect Form 395-B data, noting that the Act tied this authority to equal employment opportunity regulations that were no longer in effect.The Fifth Circuit granted the petition and vacated the FCC's order, concluding that the FCC did not have the statutory authority to mandate the collection and disclosure of employment-demographics data from broadcasters. View "National Religious Broadcasters v. FCC" on Justia Law

A minor collision involving a United States Postal Service (USPS) vehicle and Michael Le resulted in severe consequences. Michael Le, who had advanced ankylosing spondylitis, was struck by a USPS vehicle while backing out of his driveway. The collision caused his car to accelerate and crash into a neighbor's house. Le was hospitalized, underwent spinal surgery, and became a quadriplegic. He later developed complications, including an esophageal tear and infections, leading to further medical issues and amputations. Le and his wife filed a lawsuit under the Federal Tort Claims Act (FTCA) against the United States and USPS, alleging negligence by the USPS driver.The United States District Court for the Northern District of Texas conducted a bench trial and found the government liable for the damages. The court awarded significant damages to Michael Le for past and future medical expenses, loss of earnings, and intangible damages, as well as to his wife for loss of consortium and services. The government filed a post-judgment motion for remittitur, arguing that the damages were excessive, but the district court denied the motion, finding the awards reasonable given the unique facts of the case.The United States Court of Appeals for the Fifth Circuit reviewed the case, focusing on the district court's findings of fact and conclusions of law. The appellate court affirmed the district court's judgment, finding no clear error in the determination of liability or the calculation of damages. The court upheld the awards for past and future physical pain, mental anguish, physical impairment, and disfigurement, noting that the district court's findings were supported by the evidence and within the bounds of reasonable recovery. The appellate court also rejected the government's argument that Michael Le's death during the appeal nullified the damages awards, affirming that the awards persisted as part of his estate. View "Le v. United States" on Justia Law

Jason and Brandren Sims filed a lawsuit against the Dallas Independent School District (DISD) under 42 U.S.C. § 1983 after their mother, a special-education instructor, died following an assault by a student. They claimed that DISD was directly liable for her death due to an official policy or custom that led to a constitutional violation.The United States District Court for the Northern District of Texas dismissed the case for failure to state a claim. The plaintiffs appealed the decision, arguing that the district court erred in its dismissal.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's dismissal. The appellate court held that the plaintiffs failed to establish direct liability against DISD under § 1983. Specifically, the court noted that to prove such liability, plaintiffs must show an official policy or custom, knowledge of the policy by a policymaker, and a constitutional violation caused by that policy. The plaintiffs relied on the state-created danger theory of substantive due process to establish a constitutional violation. However, the Fifth Circuit reiterated that neither it nor the Supreme Court has ever adopted this theory. The court declined to recognize the state-created danger theory, citing the Supreme Court's caution against identifying unenumerated rights without a careful and deeply rooted historical basis. Consequently, the court affirmed the district court's dismissal of the case. View "Sims v. Dallas Independent School District" on Justia Law

The case involves the State of Texas and several companies challenging the United States Environmental Protection Agency (EPA) over the designation of two Texas counties, Rusk and Panola, as nonattainment areas for the 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The EPA's designation was based on data submitted by the Sierra Club, which the petitioners argued was flawed and not representative of actual air quality.The EPA initially designated the counties as nonattainment in 2016, relying on Sierra Club's modeling data. In 2019, the EPA proposed to correct this designation, suggesting the data might have been insufficient and the designation could have been an error. However, in 2021, the EPA withdrew this proposal and denied the petitioners' request for reconsideration, maintaining the nonattainment designation.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the EPA's reliance on Sierra Club's modeling, despite acknowledging its limitations and the presence of conflicting monitoring data, was arbitrary and capricious. The court held that the EPA failed to reconcile the inconsistencies between the modeling and the monitoring data, which created an unexplained inconsistency in the rulemaking record.The court also addressed the petitioners' argument that the EPA did not properly consider Luminant's alternative modeling. The court concluded that the EPA did not act unlawfully in rejecting Luminant's model because it did not follow the required approval process for alternative models.Ultimately, the Fifth Circuit granted the petitions for review and remanded the case to the EPA for further proceedings, instructing the agency to engage in reasoned decision-making in accordance with the court's interpretation of the relevant statutory provisions. View "Texas v. Environmental Protection Agency" on Justia Law

Scott Davis purchased property in Tomball, Texas, using fraudulently obtained loan proceeds from the Paycheck Protection Program. He later used this property as collateral to secure a $360,000 loan from Gravity Capital. Davis pleaded guilty to wire fraud and agreed to forfeit the Tomball property. The district court issued a preliminary order of forfeiture and notified interested parties. E. Alan Tiras and Gravity Funding filed ancillary petitions claiming an interest in the property. The district court granted Tiras' petition but denied Gravity Funding's petition due to a drafting error, as the petition was signed on behalf of Gravity Funding instead of Gravity Capital.The United States District Court for the Southern District of Texas found that Gravity Funding had no interest in the loan issued to Davis, and Gravity Capital was not a party to the petition. Consequently, the court denied Gravity Funding's petition. Gravity Funding and Gravity Capital appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the petition failed to comply with 21 U.S.C. § 853(n) because it was signed by Gravity Funding, not Gravity Capital. The court also noted that any attempt to amend the petition to include Gravity Capital was untimely, as it was made eleven months after the statutory deadline. The court affirmed the district court's decision, concluding that Gravity Capital's failure to assert a valid interest under § 853(n) also invalidated its challenge to the Tiras petition. The court emphasized the importance of strict compliance with statutory requirements in forfeiture cases. View "United States v. Tiras" on Justia Law

Alisha Strife, a former U.S. Army service member with disabilities, requested that her employer, Aldine Independent School District (AISD), allow her service dog to accompany her at work. Strife's disabilities include PTSD and physical impairments, and her service dog, Inde, assists her with these conditions. Strife submitted her accommodation request on August 30, 2022, but AISD took six months to approve it, during which time Strife provided multiple medical documents supporting her need for the service dog.The United States District Court for the Southern District of Texas dismissed Strife's claims for failure to accommodate and hostile work environment. The court also granted AISD's motion for summary judgment on Strife's claims of disability discrimination, retaliation, and interference. The district court found that Strife did not suffer a physical injury during the six-month period and that she failed to allege a hostile work environment. The court also concluded that AISD had legitimate reasons for its actions and that Strife did not demonstrate that AISD's rationale was pretextual.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's dismissal of the hostile work environment claim, agreeing that Strife's allegations did not meet the standard for a hostile work environment. The court also affirmed the summary judgment on the disability discrimination, retaliation, and interference claims, finding that AISD had legitimate reasons for its actions and that Strife did not provide sufficient evidence of pretext.However, the Fifth Circuit reversed the dismissal of Strife's failure-to-accommodate claim. The court found that Strife had pled sufficient facts to suggest that AISD's six-month delay in granting her accommodation request could constitute a failure to accommodate her disability. The case was remanded to the district court for further proceedings on this claim. View "Strife v. Aldine Independent School District" on Justia Law

In 2009, Wesley Swick pled guilty to possessing a stolen firearm and was sentenced to 33 months in prison and two years of supervised release. His federal sentence was to run concurrently with longer state sentences. Swick was released from state prison in 2017 but did not report to federal probation as required. His failure to report went unnoticed until after his supervised release period should have ended. During this time, Swick committed several state crimes and served additional time in state prison.The United States District Court for the Northern District of Texas revoked Swick's supervised release based on his failure to report and subsequent criminal activities. The court asserted jurisdiction using the fugitive tolling doctrine, which pauses the supervised release period when a supervisee absconds from supervision. Swick was sentenced to 24 months in prison, to run consecutively with a separate federal sentence for a felon-in-possession charge.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that fugitive tolling applies to supervised release, meaning that Swick's supervised release period was tolled when he failed to report to probation. The court found sufficient evidence to support the district court's conclusion that Swick intentionally avoided supervision, as he did not report to federal probation despite knowing his obligation to do so. The Fifth Circuit affirmed the district court's decision to revoke Swick's supervised release and the imposition of the 24-month prison sentence. View "United States v. Swick" on Justia Law

James Ethridge, a Texas resident, purchased a Samsung 18650 lithium-ion battery from a Wyoming-based seller on Amazon in October 2018. The battery exploded in his pocket in November 2019, causing severe burns and other injuries. Ethridge filed a personal injury lawsuit in Texas state court in 2021 against Samsung SDI Company, Firehouse Vapors LLC, and two Amazon entities. He later added Macromall LLC as a defendant. After dismissing Firehouse Vapors, the remaining defendants removed the case to federal court. Ethridge then dismissed Macromall, leaving Samsung and the Amazon entities as defendants.The United States District Court for the Southern District of Texas granted summary judgment in favor of the Amazon defendants and dismissed Samsung for lack of personal jurisdiction. Ethridge appealed the dismissal of Samsung to the United States Court of Appeals for the Fifth Circuit, voluntarily dismissing his appeal against Amazon.The Fifth Circuit reviewed the district court's decision de novo and reversed the dismissal. The court held that Samsung had purposefully availed itself of the Texas market by shipping 18650 batteries to companies like Black & Decker, HP, and Dell in Texas. The court found that Ethridge's claims were related to Samsung's contacts with Texas, as the same type of battery that injured Ethridge was sold in Texas. The court concluded that exercising personal jurisdiction over Samsung in Texas was fair and reasonable, given the state's interest in providing a forum for its injured residents and Samsung's ability to litigate in Texas. The case was remanded for further proceedings. View "Ethridge v. Samsung SDI" on Justia Law