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

When authorities booked Randall as a pretrial detainee, he was medicated and intoxicated and had a history of mental health treatment. Though Randall was supposed to “be followed for alcohol withdrawal syndrome and possible delirium tremens,” he was allegedly placed in a cell without an operable source of water, not monitored, nor provided any medication or liquids. The next day, officials found him hanging from his bedsheets. He eventually died there from his injuries.A complaint filed by Randall’s mother, Karen, under 42 U.S.C. 1983, alleged that Randall was survived by his wife, Kelsey and his biological parents. Karen later amended her complaint to “substitute Plaintiff with individual heirs,” adding Kelsey, and M.A., Randall’s minor child, and to allow M.A. to appear through Morrow, her mother. The district court dismissed, holding that Karen lacked standing and adding Kelsey and M.A. could not cure the initial jurisdictional defect.The Fifth Circuit reversed. The district court was “less than meticulous” in analyzing “standing.” While Karen lacked prudential standing because Louisiana law does not authorize her to bring this particular cause of action, she has Article III standing. She has a constitutionally cognizable interest in the life of her son, which does not depend on whether Louisiana law allows her to sue. View "Abraugh v. Altimus" on Justia Law

Earnest sued Sanofi as part of the multidistrict litigation over several pharmaceutical companies’ alleged failure to warn users of Taxotere (generically docetaxel), a chemotherapy drug, of the risk of permanent alopecia or hair loss. At trial, Sanofi elicited testimony from two medical doctors: Dr. Glaspy was accepted as an expert witness under Federal Rule of Evidence 702; Dr. Kopreski was offered as Sanofi’s designated corporate representative under FRCP 30(b)(6). As a general matter, both testified that little medical evidence linked Taxotere to permanent hair loss. On appeal Earnest challenged the admission of Dr. Kopreski’s testimony, arguing it was actually expert testimony admitted in contravention of Rule 702 and “Daubert” and that because Dr. Glaspy’s testimony relied in relevant parts on Dr. Kopreski’s testimony, it also should not have been admitted.The Fifth Circuit reversed and remanded for a new trial. Sanofi’s maneuvers in cloaking Dr. Kopreski’s quasi-expert testimony as “lay witness” opinion testimony under Rule 701, and then using Dr. Glaspy to repeat it as expert analysis, effected a concerning end-run around Rule 702. Because this strategy allowed Sanofi to shoehorn inadmissible opinion testimony into evidence and then emphasize those “expert” conclusions in closing arguments to the jury it significantly prejudiced Earnest’s case. View "Earnest v. Sanofi US Services, Inc." on Justia Law

The Fifth Circuit dismissed plaintiff's appeal of the district court's order denying her motion to re-open the case, sever the cost-splitting provision of the parties' arbitration agreement, and impose the full costs of arbitration on Tonti Management. The court agreed with Tonti that it lacked jurisdiction over this appeal because the latter order is not final within the meaning of Section 16 of the Federal Arbitration Act (FAA). In this case, the district court's order declining to re-open the case and sever the cost splitting provision of the parties' arbitration agreement is an unappealable interlocutory order. Furthermore, the court lacked jurisdiction under the collateral order doctrine and exercising mandamus jurisdiction would be inappropriate. The court denied as moot plaintiff's motion requesting reassignment. View "Doe v. Tonti Management Co., LLC" on Justia Law

The Fifth Circuit affirmed the district court's dismissal with prejudice of Gordon Plaza's complaint, filed under the citizen suit provision of the Resource Conservation and Recovery Act (RCRA) against the City. Plaintiffs allege that a former landfill site remains contaminated with hazardous chemicals causing residents to suffer from cancer and other health conditions.Because the court found that the City raised its defense under 42 U.S.C. 6972(b)(2)(B)(iv) in both the 2018 Litigation and in its motion to dismiss in the instant suit, the court held that the district court did not abuse its discretion by considering it. The court also held that neither Chevron nor Skidmore deference is warranted; the City's maintenance obligations under the Decree are "removal" actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); and Gordon Plaza has failed to plausibly plead that the City was not "diligently" conducting a removal action. Finally, based on Gordon Plaza's repeated failure to cure its pleadings and lack of diligence to present any indication of the factual allegations with which it seeks to amend its complaint, the court held that the district court did not abuse its discretion in denying leave to amend. View "Residents of Gordon Plaza, Inc. v. Cantrell" on Justia Law

The Fifth Circuit affirmed the district court's grant of summary judgment to Atlantic, concluding that the action is precluded on res judicata grounds. The court clarified some doctrinal confusion in its law about Louisiana principles of res judicata that one of its sister circuits has observed. The court concluded that this action arises out of the same nucleus of facts as plaintiff's initial suit, the issue of Atlantic's alleged bad faith misrepresentation of underinsured motorist coverage could have been raised in that initial suit, and plaintiff did not specifically reserve the right to bring this second suit as part of his settlement agreement with Atlantic. While plaintiff is correct that Louisiana's bad faith statutes impose duties on Atlantic that are separate and distinct from its duties under the insurance contract, this action remains barred by res judicata. Finally, this case does not present an exceptional circumstance exception to res judicata. View "Dotson v. Atlantic Specialty Insurance Co." on Justia Law

The Fifth Circuit affirmed the district court's dismissal of Danziger's complaint based on lack of personal jurisdiction. Danziger, a Texas resident, filed three intentional tort claims and a claim for breach of contract against Morgan Verkamp, a Ohio-based law firm, and two of its members, residents of Ohio. The court concluded that, because none of Morgan Verkamp's allegedly tortious conduct either occurred in Texas or was otherwise meaningfully connected to the state, the district court correctly dismissed Danziger's intentional tort claims for lack of personal jurisdiction. Furthermore, the district court correctly dismissed Danziger's breach of contract claims for lack of personal jurisdiction where Danziger was the only connection between the alleged contract and Texas. View "Danziger & De Llano, LLP v. Morgan Verkamp, LLC" on Justia Law

In this dispute over terms of an online auction, the Fifth Circuit concluded that the district court abused its discretion by improperly admitting evidence and taking judicial notice of the terms. The court explained that Exhibit 41, an internet printout, was not properly authenticated, and the district court abused its discretion by determining that the exhibit was fit under Federal Rule of Evidence 803. Furthermore, the district court erred in taking judicial notice of the terms because a private internet archive falls short of being a source whose accuracy cannot reasonably be questioned as required by Rule 201. Because the district court's errors were not harmless, the court reversed and remanded for further proceedings. View "Weinhoffer v. Davie Shoring, Inc." on Justia Law

The Fifth Circuit treated the petition for rehearing en banc as a petition for panel rehearing; granted the petition for panel rehearing; and withdrew its prior opinion in this case.Plaintiffs, two Planned Parenthood entities and three Jane Does, filed suit under 42 U.S.C. 1983, alleging that the Louisiana Department of Health is unlawfully declining to act on Planned Parenthood's application for a license to provide abortion services in Louisiana. The district court denied the Department's motion to dismiss under Federal Rule of Civil Procedure 12(b)(1); the Department filed an interlocutory appeal; and plaintiffs moved to dismiss.The court denied the motion to dismiss the appeal because the Department asserted sovereign immunity in the district court. Therefore, the court has jurisdiction over this interlocutory appeal. The court further concluded that at least one of the plaintiffs' claims for injunctive relief is a valid invocation of federal jurisdiction under Ex parte Young. In this case, because plaintiffs' requested injunction to "promptly rule" on the license application satisfies the requirements of Ex parte Young, the court concluded that plaintiffs have survived the Department's Rule 12(b)(1) motion and the case may proceed. The court remanded for further proceedings. View "Planned Parenthood Gulf Coast, Inc. v. Phillips" on Justia Law

On remand from the Supreme Court, the Fifth Circuit concluded that unresolved questions of state law must be certified to the Texas Supreme Court. The court certified the following questions of state law to the Supreme Court of Texas: Whether Texas law authorizes the Attorney General, Texas Medical Board, the Texas Board of Nursing, the Texas Board of Pharmacy, or the Texas Health and Human Services Commission, directly or indirectly, to take disciplinary or adverse action of any sort against individuals or entities that violate the Texas Heartbeat Act, given the enforcement authority granted by various provisions of the Texas Occupations Code, the Texas Administrative Code, and the Texas Health and Safety Code and given the restrictions on public enforcement in sections 171.005, 171.207 and 171.208(a) of the Texas Health and Safety Code. View "Whole Woman's Health v. Jackson" on Justia Law

In this case involving mesothelioma, the Fifth Circuit concluded that the multidistrict litigation (MDL) court engaged in improper weighing of the evidence on summary judgment relative to the survival action. Accordingly, the court reversed in part and remanded to the Louisiana district court. The court also considered it appropriate case management for the Louisiana district court to reconsider plaintiffs' motion for additional discovery. Finally, the court affirmed the district court's dismissal of the wrongful death claim, concluding that the district court properly determined that plaintiffs' wrongful death claims are time-barred. View "Williams v. Boeing Company" on Justia Law