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

A magistrate certified that petitioner could be extradited to Argentina to stand trial for fraud. Petitioner contended that his alleged fraud was not an extraditable offense, arguing that because the government did not establish the value of the goods he obtained, his possible jail term under domestic law could not exceed one year. Because competent evidence supported the certifying magistrate's determination that petitioner committed an offense within the scope of the extradition treaty, the court affirmed the district court's denial of his petition for habeas corpus. View "Balzan v. United States" on Justia Law

Three cases related to the Mexican reorganization of Vitro S.A.B. de C.V., a corporation organized under the laws of Mexico, were consolidated before the court. The Ad Hoc Group of Vitro Noteholders, a group of creditors holding a substantial amount of Vitro's debt, appealed from the district court's decision affirming the bankruptcy court's recognition of the Mexican reorganization proceeding and Vitro's appointed foreign representatives under Chapter 15 of the Bankruptcy Code. Vitro and one of its largest third-party creditors each appealed directly to the court the bankruptcy court's decision denying enforcement of the Mexican reorganization plan because the plan would extinguish the obligations of non-debtor guarantors. The court affirmed in all respects the judgment of the district court affirming the order of the bankruptcy court in No. 12-10542, and the court affirmed the order of the bankruptcy court in Nos. 12-0689 and 12-10750. The temporary restraining order originally entered by the bankruptcy court, the expiration of which was stayed by the court, was vacated, effective with the issuance of the court's mandate in Nos. 12-10689 and 12-10750. View "Ad Hoc Group of Vitro Noteholders v. Vitro S.A.B. de C.V." on Justia Law

This appeal arose from a related case currently pending in a United Kingdom Litigation, which arose from contractual disputes related to the exploration, development, and operation of oil blocks in Kurdistan, Iraq. On appeal, plaintiff argued that the district court erred by granting a motion to quash certain discovery subpoenas before plaintiff had an opportunity to respond in opposition and by not providing any reasons on the record for its decision. The court vacated the district court's order and remanded with instructions to allow plaintiff a reasonable period to respond to the motion and, thereafter, to provide written or oral reasons for the basis of its ruling. Otherwise, the district court was fully empowered to resolve these discovery disputes in a manner not inconsistent with this opinion. View "Texas Keystone, Inc. v. Prime Natural Resources, Inc., et al." on Justia Law

Plaintiff Evelyn Larbie filed a petition under the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), seeking the return of her son, K.L., to the United Kingdom. The district court granted Evelyn's petition and ordered Defendant Derek Larbie to turn K.L., who resided in the United States, over to Evelyn's care. The district court's application of the Convention here, however, effectively reversed a custody order entered after length proceedings, culminating in a final divorce and custody order, in which neither party objected to the state court's jurisdiction. Accordingly, the Fifth Circuit Court of Appeals vacated the district court's order and rendered judgment in Derek's favor, holding (1) Derek satisfied his burden under the Convention to show that Evelyn consented and acquiesced to the Texas court's authority to make a final custody adjudication; and (2) K.L.'s habitual residence at the time of the alleged retention remained the United States. View "Larbie v. Larbie" on Justia Law

Plaintiffs, nine children in the custody of PMC, filed suit under 42 U.S.C. 1983 against three Texas officials, in their official capacities, seeking to represent a class of all children who were now, and all those who will be, in the State's long-term foster care. The gravaman of plaintiffs' complaint is that various system-wide problems in Texas's administration of its PMC subjected all of the children in PMC to a variety of harms. Applying the standards announced in the Supreme Court's recent opinion, Wal-mart Stores, Inc. v. Dukes, the court held that the district court failed to conduct the "rigorous" analysis required by Rule 23 in deciding to certify the proposed class. The court also held that the district court abused its discretion by certifying a class that lacked cohesiveness under Rule 23(b)(2). Accordingly, the court vacated the district court's class certification order and remanded for further proceedings. View "M.D., et al. v. Rick Perry, et al." on Justia Law

The parents of a National Guardsman killed in an electrocution accident in Iraq brought suit against a civilian contractor who they claimed was responsible. Plaintiffs argued that Iraqi law governed the limitations period within which the suit needed to be brought but the district court held both that Iraqi law was not sufficiently proven and that the claims were barred by Louisiana's one-year prescriptive period. The court reversed and remanded, determining that Iraqi law was sufficiently proven. By operation of Louisiana Civil Code Article 3549, the Iraqi three-year prescription period applied. Based on what had been introduced, that period did not expire prior to suit and CPA Order 17 did not prevent this suit. Whether parents were proper parties, and any other issues beyond what the court had identified, were for further reconsideration on remand.

Defendant appealed a jury verdict awarding damages to its former employee for breach of a stock options contract. Defendant argued that the jury instruction misstated the governing Korean law, that the jury's verdict relied on legally insupportable evidence, and that the district court applied the wrong law when determining attorney's fees. The court held that defendant failed to prove that the district court abused its discretion in excluding a requirement of coercion or intimidation from the jury instructions. Moreover, the district court did not abuse its discretion in denying defendant's motion for a new trial on damages. Finally, the award of attorney's fees would be permitted under either Texas or Korean law. Therefore, the judgment of the district court was affirmed.