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

Two former students of Tulane University, on behalf of a putative class of current and former students, sued the University for failing to provide a partial refund of tuition and fees after Tulane switched from in-person instruction with access to on-campus services to online, off-campus instruction during the COVID-19 pandemic. The district court agreed with Tulane that the student's complaint should be dismissed for failure to state a claim.   The Fifth Circuit reversed and remanded. The court concluded that the claim is not barred as a claim of educational malpractice because the Students do not challenge the quality of the education received but the product received. Second, the court rejected Tulane’s argument that the breach-of-contract claim is foreclosed by an express agreement between the parties because the agreement at issue plausibly does not govern refunds in this circumstance. And third, the court concluded that Plaintiffs have not plausibly alleged that Tulane breached an express contract promising in-person instruction and on-campus facilities because Plaintiffs fail to point to any explicit language evidencing that promise. But the court held that Plaintiffs have plausibly alleged implied-in-fact promises for in-person instruction and on-campus facilities. Moreover, the court found that the Students’ alternative claim for unjust enrichment may proceed at this early stage. Finally, genuine disputes of material fact regarding whether Plaintiffs saw and agreed to the A&DS preclude reliance on the agreement at this stage. Thus, Plaintiffs have plausibly alleged a claim of conversion. View "Jones v. Admin of the Tulane Educ" on Justia Law

Appellant Advanced Indicator and Manufacturing, Inc. claims its building was damaged by Hurricane Harvey’s winds. Advanced’s insurer, Acadia Insurance Company, determined that the damage to the building was caused by poor maintenance and routine wear and tear. When Acadia denied Advanced’s claim, Advanced sued. Advanced filed a motion to remand the case to state court   The district court granted Acadia’s motion and granted summary judgment on Advanced’s extra-contractual claims. The Fifth Circuit affirmed the district court’s denial of the motion to remand, reversed the grant of summary judgment on Advanced’s claims, and remanded the matter to the district court.   The court explained that Advanced’s argument is unavailing because it fails to consider Flagg’s command that “the district court must examine the plaintiff’s possibility of recovery against that defendant at the time of removal.” At the time of removal, then, it would have been proper for the district court to find that “there is no possibility of recovery by [Advanced] against an in-state defendant.” Accordingly, the differences between Sections 542A.006(b) and 542.006(c) are not material as long as the insurer elects to accept liability for the agent before removal. The court held that summary judgment was not warranted on Advanced’s breach of contract claim given the evidence Advanced has put forth. This conclusion requires the reversal of the district court’s dismissal of Advanced’s other claims. View "Adv Indicator v. Acadia Ins" on Justia Law

Plaintiffs, including the American Civil Liberties Union, sought an injunction compelling the Texas Attorney General to release the names of certain individuals who were suspected of being non-citizens but were registered to vote. The case arose when the Texas Attorney General began matching Department of Public Safety data against voter registration rolls on a weekly basis and intended to notify county election officials of voters identified as potential non-citizens. Through their claim under the National Voter Registration Act of 1993, Plaintiffs obtained an injunction from the district court requiring the State of Texas to provide the names and voter identification numbers of persons suspected of being noncitizens though registered to vote.The Fifth Circuit reversed, finding that Plaintiffs lacked standing to bring a case under the National Voter Registration Act of 1993, finding that they did not suffer injury in fact because "an injury in law is not an injury in fact." View "Campaign Legal Center v. Scott" on Justia Law

Plaintiff was employed by Employer, an operator of a casino resort, from January 7, 2015, until she gave two weeks’ notice on June 28, 2019. Upon the termination of her employment, Plaintiff claimed she was subject to pregnancy and sex discrimination, harassment, and constructive discharge in violation of Title VII of the Civil Rights Act based on the adequacy of her lactation breaks and harassment she experienced from co-workers.The district court granted summary judgment to Employer, holding that Plaintiff did not present sufficient evidence to support a prima facie case of disparate treatment, harassment, or constructive discharge. The court further noted that, even if Plaintiff could support a prima facie case of disparate treatment related to the provided lactation breaks, her claim would still fail because Employer articulated legitimate, nondiscriminatory reasons for not giving her breaks at the exact times requested.The Fifth Circuit affirmed, holding, 1.) Plaintiff's allegations did not support a finding that her co-workers' conduct was objectively severe, 2.) Plaintiff's subjective disparagement of Employer's policies was insufficient to support her constructive discharge claim, and, 3.) Plaintiff's FLSA claims were untimely because they were first raised in response to Employer's motion for summary judgment. View "Bye v. MGM Resorts" on Justia Law

In a dispute over the applicability of a forum selection clause contained in a franchise agreement, the Fifth Circuit held that non-signatories to a franchise agreement may be bound to the contract’s choice of forum provision under the equitable doctrine that binds non-signatories who are “closely related” to the contract. View "Franlink v. BACE Services" on Justia Law

Petitioner petitioned for review of an order of the Board of Immigration Appeals (BIA). The order dismissed his appeal of an Immigration Judge’s denials of his claims for asylum, withholding of removal, and protection under the Convention Against Torture. He presented several procedural and substantive challenges on appeal.   The Fifth Circuit dismissed the petition for review in part for lack of jurisdiction  and denied in part. The court explained that the BIA did not specifically discuss the IJ’s interpretation of the evidence, but it did reference the particular testimony on the severity of his attacks, the police involvement, and the affidavits that Petitioner alleged the IJ misconstrued. Even if the BIA did not agree with Petitioner’s contention about mischaracterizations, the BIA did mention the evidence that Petitioner alleges it failed to consider meaningfully. This is sufficient.    Finally, the court concluded, that it was reasonable for the BIA to conclude that the new evidence Petitioner presented would not change the outcome of his case. The medical evaluation Petitioner sought to submit would not have altered his case because the evaluation did not discuss symptoms and injuries related to the BJP attacks. Further, it was reasonable for the BIA to conclude Petitioner’s new declaration or affidavits would not have influenced his case, considering he already supplied a declaration and his testimony describing his injuries as minor could not be remedied with his additional evidence. View "Kumar v. Garland" on Justia Law

Following Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228 (2022), the State of Louisiana filed an “emergency Rule 60(b) motion to vacate permanent injunction” concerning the enforcement of Act 620, which requires physicians performing abortions to have “active admitting privileges” within thirty miles of the facility at which the abortions are performed. La. R.S. 40:1299.35.2(A)(2). It requested relief forthwith or, alternatively, relief within two days of filing its motion. Two days later, the district court denied the State’s motion. The State immediately filed an “emergency motion for reconsideration” and requested a ruling by the next day. The district court again denied the State’s motion.   The Fifth Circuit dismissed the appeal holding that the court lacks appellate jurisdiction. The court explained the district court’s orders cannot be read to have denied the underlying request for relief when the district court implicitly and explicitly stated its intent to defer a ruling on the matter. Further, the court reasoned that to have the “practical effect” of refusing to dissolve an injunction, the State must show that the orders have a “direct impact on the merits of the controversy.” The court noted that the district court’s orders did not touch the merits of the State’s underlying request for relief but, for the same reasons stated earlier, acted as the functional equivalent of a scheduling order. Lastly, the court held that the State has not shown it is entitled to mandamus. View "June Medical Svcs v. Phillips" on Justia Law

Plaintiffs sued Harris County and its Sheriff to enjoin enforcement of Harris County’s allegedly unconstitutional felony-bail system. While doing so, plaintiffs served subpoenas duces tecum on county district judges (Felony Judges)—the non-party movant-appellants here— seeking information about their roles in creating and enforcing Harris County’s bail schedule. The Felony Judges moved to quash on several grounds, including sovereign immunity, judicial immunity, Federal Rule of Civil Procedure 45’s undue-burden standard, and the “mental processes” rule. The district court denied the motion in part and granted it in part, denying sovereign immunity, judicial immunity, and the mental processes rule and allowing the bulk of the subpoenas to proceed.   The Fifth Circuit reversed explaining that the sovereign immunity bars these subpoenas and the mental processes rule might also apply. The court explained that Plaintiffs and their amicus marshal a variety of cases at common law and the Founding era in an attempt to show that sovereign immunity does not apply to third-party subpoenas. But as the Felony Judges note, these cases fail to show that subpoenas commonly issued over the objection of a public official entitled to sovereign immunity. Thus, because Burr United States v. Burr, arose in a different context and answered a question not asked in this case, it does not tip the balance when weighed against the nature of sovereign immunity as interpreted by the Supreme Court and applied by the Fifth Circuit and others in analogous contexts. View "Russell v. Jones" on Justia Law

Pontchartrain Partners, L.L.C. (“Pontchartrain”) and Tierra De Los Lagos, L.L.C. d/b/a Bee Sand Company (“Bee Sand”) are construction companies involved in a breach-of-contract dispute. In June 2021, Bee Sand sued Pontchartrain in Texas state court. Pontchartrain removed the case to federal court in July. Later that month, Bee Sand voluntarily dismissed the case and explained to Pontchartrain that it intended to refile in September— after a new Texas law governing attorney’s fees went into effect. Bee Sand also offered to refile in federal court to spare Pontchartrain the expense of a second removal, and Pontchartrain said that it would consider the matter. In response to Pontchartrain’s declaratory judgment action, Bee Sand argued that it was anticipatory in nature, meaning that the Southern District of Texas is the proper forum for this dispute. The district court agreed and dismissed the case.The Fifth Circuit affirmed. The court held that the district court’s consideration of the abstention factors provided adequate justification for granting Bee Sand’s motion. Moreover, these same reasons more than satisfy the “compelling circumstances” needed to obviate the “first-to-file” rule’s application, so the district court was not obligated to hear this case under that rule. Accordingly, the district did not abuse its discretion in dismissing Pontchartrain’s anticipatory lawsuit, and Pontchartrain’s jurisdictional and venue arguments need not be considered. View "Pontchartrain v. Tierra de Los Lagos" on Justia Law

Plaintiffs brought suit challenging a Texas law, which was later amended so as to moot their claims before the merits were adjudicated. Nevertheless, the district court determined that their fleeting success in obtaining a preliminary injunction rendered them “prevailing parties” under 42 U.S.C. Section 1988.   The Fifth Circuit disagreed, and accordingly reversed. The court explained that in light of the subsequent authorities from the Supreme Court and the court, the court declined Plaintiffs’ request to apply Doe’s outdated holding. Where a plaintiff’s sought-for preliminary injunction has been granted and the case is thereafter mooted before a final adjudication on the merits, Dearmore applies. As such, the legislature passed the bill with a veto-proof majority shortly thereafter, but Plaintiffs provided nothing to the district court or this court evincing that the legislature had the preliminary injunction in mind when it completed the passage of H.B. 793. And “[t]he mere fact that a legislature has enacted legislation that moots an [action], without more, provides no grounds for assuming that the legislature was motivated by” the “unfavorable precedent.” Am. Bar Ass’n v. FTC 636 F.3d 641, 649 (D.C. Cir. 2011).   The court wrote that the introduction of the ameliorative statute here, however, predated the district court’s action, and given the bill’s speedy passage through both houses and overwhelming legislative support, there is no basis to infer that the Texas legislature was motivated by a desire to preclude attorneys’ fees. View "Amawi v. Paxton" on Justia Law