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

Defendant pleaded guilty to possession with intent to distribute 50 grams of methamphetamine. On appeal, defendant argued that the Government breached the plea agreement by failing to file a U.S.S.G. 5K1.1 motion for downward departure based on substantial assistance. The court concluded that the Government retained its discretion to determine whether to file a section 5K1.1 motion and defendant failed to show that the Government committed error, much less plain error, in its refusal to file the motion. The court also concluded that a memorandum recently issued by the Attorney General did not afford defendant sentencing relief where, even assuming that defendant met the requirements contained in the memorandum, the memorandum was issued after defendant was charged and convicted. Accordingly, the court affirmed the judgment of the district court. View "United States v. Barnes" on Justia Law

Defendant pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. 922(g). At issue on appeal was whether a violation of Texas Penal Code 22.01 (reckless assault) constituted a violent felony as defined by the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). The court concluded that a violation of section 22.01 falls squarely within the parameters of the criminal conduct contemplated in Begay v. United States, which aimed to limit the application of the ACCA to crimes that involved conduct that was purposeful, violent and aggressive in nature. Reckless assault under section 22.01 required proof that the defendant consciously disregarded a substantial and unjustifiable risk and in doing so, caused bodily injury to another. Accordingly, the court affirmed defendant's sentence of 188 months' imprisonment. View "United States v. Espinoza" on Justia Law

This appeal arose out of an insurance dispute between TMM, which owned a shopping center, and OCIC, which insured the property. At issue was the extent of damage that was caused to the property during a hailstorm. An appraisal was conducted but the district court set aside the appraisal award and had the case proceed to trial where an advisory jury assessed a damage award. The court held that the appraisal award was incorrect in that it excluded damage to the HVAC unit from the award, but that the rest of the award should remain unaffected by this determination; the appraisers did not exceed their authority when they considered causation issues, and therefore the appraisal award should not have been set aside; OCIC was only obligated to pay the amount articulated in the award, plus the cost of repair for the HVAC system; and, therefore, OCIC fulfilled the terms of the insurance contract when it tendered the amount articulated in the award and the cost of the repair to the HVAC system to TMM. Accordingly, the court held that there was no breach of contract and TMM's cross-appeal was moot. The court reversed and remanded so that the district court could reinstate the appraisal award. View "TMM Investments, Ltd. v. Ohio Casualty Ins. Co." on Justia Law

Plaintiffs, members of the Plaintiffs' Steering Committee for the Chinese Drywall MDL, claimed that technology counsel for Cataphora made defamatory statements that were aimed at, and caused harm in, Louisiana, thereby grounding personal jurisdiction in that state. The court concluded that the district court lacked personal jurisdiction over defendants because plaintiff failed to make a showing that the statements' focal point was Louisiana. The court vacated the district court's dismissal and remanded with instructions to transfer the matter to the United States District Court of the Northern District of California in the interest of justice. View "Herman, et al. v. Cataphora, Inc., et al." on Justia Law

Plaintiff and his wife filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., against the Army after plaintiff, an employee of a private Army contractor, was injured on the job when he tripped and fell. Plaintiff sued the Government for negligence and premises liability because he found that the workers' compensation benefits he received through his employer's policy was insufficient to cover his needs. Under Texas law, general contractors who require subcontractors to provide workers' compensation insurance to their employees and who pay for that coverage were "statutory employers" protected by the exclusive-remedy provision. In this instance, the parties agreed that the Government has taken the basic steps it needed to take to avail itself to the exclusive-remedy rule as a statutory employer. The court concluded that, because plaintiff did not allege a lack of notice or prejudice from any lack of notice, the federal government was in "like circumstances" as a Texas statutory employer. Accordingly, plaintiff's workers' compensation benefits were his exclusive remedy, and his claims against the Government were properly dismissed. View "Willoughby, et al. v. United States" on Justia Law

Plaintiff, a former assistant attorney general for the Louisiana DOJ, claimed that LDOJ discriminated against her by declining to provide a free on-site parking space to accommodate her disability in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and violated the ADA and Title VII of the Civil Rights Act, 42 U.S.C. 2000e-1 et seq., by terminating her employment in retaliation for charges she filed with the EEOC. The court concluded that, because the district court erred in requiring a nexus between the requested accommodation and the essential functions of plaintiff's position, the court vacated the judgment and remanded for further proceedings. The court affirmed the summary judgment dismissal of the retaliation claim because the LDOJ has offered a non-retaliatory explanation for plaintiff's dismissal and because plaintiff has presented no evidence of pretext. View "Feist v. State of Louisiana" on Justia Law

Spring Street, seeking to recover against Bayou and its owner Douglas Lam on defaulted promissory notes, claimed that certain transfers that defendants made were fraudulent: (1) Bayou's transfer of "hard assets" to LT Seafood when LT Seafood took over Bayou's retail operations at the 415 East Hamilton location; (2) Douglas Lam's transfer of his 49% interest in LT Seafood to DKL & DTL; and (3) DKL & DTL's subsequent transfer of this 49% interest to Vinh Ngo. The court concluded that Spring Street could pierce DKL & DTL's corporate veil on the basis of fraud and impose individual liability on the LLC members. Accordingly, the court affirmed the district court's summary judgment in favor of Spring Street with regard to these claims. However, the court concluded that Ten Lam and Ngo have raised a genuine dispute of fact as to both which "hard assets" Bayou transferred to LT Seafood and the value of those assets on the date of the transfer. Accordingly, the court vacated the judgment in regards to Spring Street's fraudulent transfer claim against Lam and Ngo for the amount of $150,000 and remanded for further proceedings. View "Spring Street Partners v. Lam, et al." on Justia Law

Title V of the Clean Air Act (CCA), 42 U.S.C. 7661-7661f, established an operating permit program to assure compliance with the CAA's requirements during a facility's ongoing operation. In this case, LDEQ petitioned for review of an EPA objection to three title V permits issued by LDEQ to Nucor for an ironmaking facility near the town of Convent, Louisiana. The court dismissed the petition for judicial review because the court lacked jurisdiction where the EPA has not taken final action to issue or deny a permit under title V. View "LA Dept. of Environmental Quality v. EPA" on Justia Law

Petitioner, a native of Mexico, petitioned for review of DHS's reinstatement of a previously-issued order of removal against petitioner. Petitioner claimed that he acquired citizenship from his U.S. citizen father at birth. The court concluded that petitioner met the requirements of INA 301 and 309 and acquired U.S. citizenship from his father at birth. Accordingly, the court granted the petition for review and remanded for further proceedings. View "Iracheta v. Holder, Jr." on Justia Law

Plaintiff filed suit against her secondary employer, Keppel Amfels, alleging that it violated the Family Medical Leave Act (FMLA), 29 U.S.C. 2615(a)(1), by discouraging her primary employer, staffing agency Perma-Temp, from seeking her reinstatement after an FMLA-authorized maternity leave. The court concluded that, because plaintiff failed to create a fact issue that Keppel Amfels's actions went beyond what the relevant FMLA statutory regulatory provisions allowed, her claims failed regardless of whether intent was an element of her claim. Accordingly, the court affirmed the district court's grant of summary judgment in favor of Keppel Amfels. View "Cuellar v. Keppel Amfels, L.L.C." on Justia Law