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

The United States filed an in rem civil forfeiture complaint on the property, alleging that Carlos Alberto Oliva-Castillo was the true of owner of the property and that Oliva purchased the property with proceeds from the sale of illegal drugs. Dr. Carlos Ricardo Tirado Tamez filed an answer and amended answer to the complaint claiming to be the owner of the property. Dr. Tirado and his wife are the claimants. On appeal, Dr. Tirado challenged the district court's default judgment and final judgment of forfeiture. The court concluded that the district court did not abuse its discretion in denying Dr. Tirado's Venue Motion; the district court did not abuse its discretion in finding that claimants had been properly served; and the district court did not abuse its discretion in ordering discovery sanctions resulting in default judgment against Dr. Tirado. Accordingly, the court affirmed the judgment. View "United States v. 200 Acres of Land Near FM 2686" on Justia Law

LPSC sought review of FERC's orders relating to the allocation of production costs among Entergy's six operating companies. LPSC argued that certain revenues and expenses should be removed from the bandwidth calculation for 2008 because they were not incurred in that test year and that the production cost formula should account for the mid-year acquisition of generation facilities by Entergy Gulf States Louisiana and Entergy Arkansas on a partial-year basis. The court concluded that FERC reasonably excluded challenges to the "justness and reasonableness" of formula inputs from annual bandwidth implementation proceedings where FERC reasonably interpreted the System Agreement and correctly applied the filed rate doctrine, and FERC's reversal of its initial interpretation of the scope of bandwidth implementation proceedings was not arbitrary. The court also concluded that FERC reasonably required Entergy to include casualty loss Net Accumulated Deferred Income Taxes (ADIT) in its third bandwidth calculation where LPSC had notice of the casualty loss ADIT issue, and FERC's decision to include casualty loss ADIT in the bandwidth formula was rational. Accordingly, the court denied LPSC's petition for review. View "Louisiana Public Svc. Cmsn. v. FERC" on Justia Law

This case involves a challenge to Mississippi's disclosure requirements for ballot initiatives proposing amendments to the state constitution. Plaintiffs, Mississippi citizens, contend that the disclosure requirements impermissibly burden their First Amendment rights. The district court agreed and enjoined Mississippi from enforcing the requirements against small groups and individuals expending "just in excess of" Mississippi's $200 disclosure threshold. The court concluded that plaintiffs have standing where they have shown that they have a legitimate fear of criminal penalties for failure to comply with Chapter 17 of the Mississippi Code's disclosure requirements; plaintiffs' as-applied challenge, asserted both as a collective group and by each plaintiff individually, failed because the record is bereft of facts that would allow the court to assume that plaintiffs intend to raise "just in excess of" $200 as a group or as individuals; the requirements that Mississippi has enacted under Chapter 17 survive plaintiffs' facial challenge under the exacting scrutiny standard where the government has identified a sufficiently important government interest in its disclosure scheme to have an interest in knowing who is lobbying for Mississippians' vote, and is substantially related to this informational interest; and, therefore, the court reversed the district court's order and rendered judgment in favor of defendants were plaintiffs' as-applied and facial constitutional challenges failed. View "Justice, Jr., et al. v. Hosemann, et al." on Justia Law

This appeal concerns the Texas PUC's interpretation and implementation of a federal statutory and regulatory scheme governing the purchase of energy between public utilities and certain energy production facilities known as Qualifying Facilities. Exelon, qualifying wind generation facilities, challenged a state rule and order which prohibited it from forming Legally Enforceable Obligations when selling power. The court vacated the portion of the judgment regarding Exelon's challenge to the PUC's order and directed the district court to dismiss for want of subject matter jurisdiction. The court reversed as to the remaining challenges to the rule and remanded because PUC acted within its discretion and properly implemented the federal regulation at issue.View "Exelon Wind 1, L.L.C., et al. v. Nelson, et al." on Justia Law

The Occupational Safety and Health Administration ("OSHA") issued Austin Industrial Specialty Services, L.P. a citation for violations of hazardous-chemical regulations promulgated under the Occupational Safety and Health Act. After a hearing, the administrative law judge affirmed two items in the citation: (1) failure to identify and evaluate respiratory hazards in the workplace; and (2) failure to provide employee training regarding certain hazardous chemicals. The ALJ vacated the other three items. The Occupational Safety and Health Review Commission denied discretionary review, and Austin filed a petition in this court, seeking to overturn the administrative law judge's decision on several grounds. Finding no reversible error, the Fifth Circuit denied Austin's petition. View "Austin Industrial Spclt Svc v. OSHC, et al" on Justia Law

Plaintiff, owner of a bar and nightclub, filed suit challenging the noise ordinance of Ocean Springs, arguing that the ordinance is unconstitutionally vague. The court focused on the language of the ordinance that prohibits noise that "annoys... a reasonable person of ordinary sensibilities." The court concluded that this language imposed an admittedly objective standard of conduct in its enforcement. Therefore, the court held that the ordinance sets an explicitly objective standard in accordance with Supreme Court precedent, and therefore it is not unconstitutionally vague. Accordingly, the court affirmed the judgment of the district court.View "Munn v. City of Ocean Springs, MS" on Justia Law

Relators filed suit under the False Claims Act (FCA), 31 U.S.C. 3729-3733, alleging that appellants committed numerous FCA violations concerning improper incentives for patient referrals. Assuming arguendo that qualified immunity is an available defense, the court held on the merits that appellants are not entitled to qualified immunity against these FCA claims where relators sufficiently pleaded that appellants violated the FCA and the courses of conduct allegedly taken by appellants were objectively unreasonable in light of clearly established law. Accordingly, the court affirmed the district court's denial of appellants' motion to dismiss.View "United States ex rel Parikh" on Justia Law

Keith Thompson was killed when a county sheriff ended a two-hour high-speed chase by firing an assault rifle into the vehicle Keith had stolen. Plaintiffs, Keith's parents, filed suit against the sheriff and the County under 42 U.S.C. 1983, alleging that the sheriff used excessive force. On appeal, plaintiffs challenged the district court's grant of defendants' motion for summary judgment. The court concluded that there was no constitutional violation in the sheriff's use of deadly force and he was entitled to qualified immunity. Because there was no Fourth Amendment violation of the seizure of Keith, plaintiffs' section 1983 claims failed as a matter of law. Accordingly, the court affirmed the judgment of the district court.View "Thompson, et al. v. Mercer, et al." on Justia Law

Belle filed suit challenging the Corps' issuance of a jurisdictional determination (JD) stating that the property owned by Belle contains wetlands that are subject to regulation under the Clean Water Act, 33 U.S.C. 1251. The court affirmed the district court's dismissal of the suit based on lack of subject matter jurisdiction because the JD was not a "final agency action" and was therefore not reviewable under the Administrative Procedure Act, 5 U.S.C. 500 et seq.View "Belle Co., L.L.C., et al. v. U.S. Army Corps of Engineers" on Justia Law

Plaintiff and his family filed suit against Lewisville for damages and injunctive relief under 42 U.S.C. 1983. Plaintiff and his family challenged the constitutionality of a Lewisville ordinance prohibiting registered child sex offenders from residing within 1,500 feet of "where children commonly gather." Plaintiff, a registered child sex offender, asserts that he and his family cannot find a house to rent or buy based on the challenged ordinance. The district court dismissed the claims based on lack of standing and, alternatively, as moot. The court concluded that the family's inability to find a home in Lewisville is fairly traceable to the challenged ordinance and it was likely that a judgment in the family's favor would at least make it easier for them to find a residence to rent or buy in Lewisville. Although the family has moved to another town, their claims for monetary relief are sufficient to defeat mootness. Therefore, the court reversed the judgment of the district court because the family has met the traceable and redressable requirements of standing and their claim is not moot.View "Duarte, et al. v. City of Lewisville, TX" on Justia Law