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

William Carter, a paraplegic confined to a wheelchair, was arrested for unauthorized use of 911 and spent eight days in the Shreveport City Jail. During his incarceration, Carter, who had pre-existing bedsores, did not receive adequate medical care for his wounds, which allegedly led to their infection and his subsequent hospitalization. Carter's mother, suing on his behalf, filed claims under the Americans with Disabilities Act (ADA), the Rehabilitation Act (RA), 42 U.S.C. § 1983, and Louisiana state negligence law.The United States District Court for the Western District of Louisiana excluded the expert testimony of Dr. Joel Nitzkin before trial. After a jury trial, the court granted the defendants' Rule 50 motion for judgment as a matter of law on the ADA/RA claim, concluding that the claim was about medical treatment rather than an actionable disability claim. The jury returned a verdict for the defendants on the § 1983 and state-law claims.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's judgment, holding that the ADA/RA claim amounted to a complaint about medical negligence, which is not actionable under the ADA. The court found that the failure to change Carter's bandages was a medical treatment issue, not a failure to accommodate under the ADA. Additionally, the court held that Carter's placement in a segregated cell for his safety did not constitute intentional discrimination under the ADA. The court also did not address the exclusion of Dr. Nitzkin's testimony, as it was only relevant to the ADA claims, which failed as a matter of law. The judgment of the district court was affirmed. View "Carter v. City of Shreveport" on Justia Law

In this case, the families of Michael Jackson, Carl Wiley, Jr., and Rashad Henderson, who were killed during high-speed police chases in Houston, Texas, sued the City of Houston. They alleged that the Houston Police Department (HPD) has a policy of racial profiling that leads to more high-speed chases in predominantly black neighborhoods, resulting in the deaths of their loved ones. The plaintiffs brought several federal municipal liability claims, including violations of equal protection, Title VI, 42 U.S.C. § 1982, and substantive due process, as well as state tort claims.The United States District Court for the Southern District of Texas granted in part and denied in part Houston's motions to dismiss for lack of subject matter jurisdiction and for judgment on the pleadings. The court dismissed all claims except the equal protection claims and Jackson’s state law claims. Houston then filed an interlocutory appeal, raising issues regarding standing, failure to state federal claims, capacity to sue, and governmental immunity for Jackson’s state law claims.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court determined that it lacked jurisdiction to review non-final district court orders except under 28 U.S.C. § 1292(b). The court found that it could only review whether the plaintiffs had standing to assert their equal protection claims. The court held that the plaintiffs lacked standing because their injuries did not stem from unequal treatment based on race. Consequently, the court reversed the district court’s order regarding standing for the equal protection claims and vacated the district court’s decision on governmental immunity for Jackson’s negligence claim, remanding the case for further proceedings. View "Jackson v. City of Houston" on Justia Law

In 2010, the British Petroleum Deepwater Horizon oil spill released crude oil into the Gulf of Mexico. Matthew Williams, the plaintiff, performed oil spill clean-up work in the Gulf that summer. On September 24, 2020, Williams was diagnosed with chronic pansinusitis, an inflammatory condition of the nasal passages. Williams filed a lawsuit against BP Exploration & Production Inc. and BP America Production Co., alleging that his condition was caused by exposure to oil, dispersants, and other chemicals during the cleanup work. Williams presented two expert witnesses, Dr. Michael Freeman and Dr. James Clark, to establish causation.The United States District Court for the Southern District of Mississippi reviewed the case. BP filed motions to exclude the expert reports under Federal Rule of Evidence 702 and Daubert, and subsequently filed a motion for summary judgment, arguing that Williams lacked admissible expert testimony to establish causation. The district court granted BP’s motions to exclude the expert testimonies and the motion for summary judgment, leading Williams to appeal the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court upheld the district court’s exclusion of Dr. Freeman’s testimony, finding it unreliable as it did not properly apply the differential etiology approach. Similarly, the court found Dr. Clark’s testimony unreliable due to errors in his report, including references to another case and incorrect assumptions about benzene concentrations. Without admissible expert testimony, Williams could not establish specific causation, a necessary element in toxic tort cases. Consequently, the Fifth Circuit affirmed the district court’s grant of summary judgment in favor of BP. View "Williams v. BP Expl & Prod" on Justia Law

Following Hurricane Ida in 2021, Terrebonne Parish requested assistance from Lafayette Utilities Systems (LUS) to help restore power in Houma, Louisiana. LUS, in turn, requested help from the City of Wilson, North Carolina. Agreements were signed to facilitate emergency assistance, and the City of Wilson dispatched employees to Louisiana. Due to a shortage of hotels in Houma, the employees stayed in Lafayette and commuted daily. Kevin Worrell, a City of Wilson employee, was involved in a vehicle collision while driving from Houma to Lafayette, resulting in injuries to Edward and Linda Breaux and Jessie and Vickie Blanchard.The plaintiffs filed separate negligence lawsuits in Louisiana state court, which were removed to the federal district court in the Western District of Louisiana. The cases were consolidated, and the defendants moved for summary judgment, asserting immunity under the Louisiana Homeland Security and Emergency Assistance and Disaster Act. The district court granted summary judgment, finding statutory immunity, and dismissed the plaintiffs' claims with prejudice. The plaintiffs appealed, challenging the district court's interpretation of the Act's immunity provision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court noted the need to interpret the Louisiana emergency preparedness law and expressed doubt about its ability to make a reliable Erie guess. Consequently, the court certified two questions to the Louisiana Supreme Court: (1) whether an employee of a city from another state working under an emergency assistance agreement is a "representative" of Louisiana or its political subdivisions, and (2) whether an individual providing emergency assistance is "engaging in emergency preparedness and recovery activities" while commuting from the recovery site to lodging. The Fifth Circuit will resolve the case based on the Louisiana Supreme Court's guidance. View "Breaux v. Worrell" on Justia Law

In March 2020, Jose Gonzalez visited a Walgreens store in Austin, Texas. An unidentified customer had clogged the toilet in the men's restroom and was given a plunger by a Walgreens employee to fix it. While the customer was attempting to unclog the toilet, Gonzalez entered the restroom and slipped on water that had accumulated on the floor. Gonzalez sued Walgreens for his injuries.The case was initially filed in Texas state court but was removed to the United States District Court for the Western District of Texas based on diversity jurisdiction. Gonzalez asserted a theory of vicarious liability and a claim for premises liability against Walgreens. The district court dismissed the vicarious liability theory and denied Walgreens's motion for summary judgment on the premises liability claim. After Gonzalez presented his case at trial, Walgreens moved for judgment as a matter of law (JMOL), which the district court granted, finding that Walgreens had no actual or constructive knowledge of the wet floor. Gonzalez's motion for a new trial was also denied.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's JMOL, holding that no reasonable jury could find that Walgreens had actual or constructive knowledge of the wet floor. The court found that Gonzalez failed to provide sufficient evidence that Walgreens knew or should have known about the hazardous condition. The court also affirmed the dismissal of Gonzalez's vicarious liability theory, stating that the allegations constituted a premises liability claim, not a basis for vicarious liability. The court concluded that Walgreens did not have a policy or practice that it knew routinely created an unreasonable risk of harm, distinguishing this case from others where such knowledge was established. View "Gonzalez v. Walgreen" on Justia Law

Casey Cotton rear-ended Caleb Crabtree, causing significant injuries. Cotton, insured by Allstate, faced potential liability exceeding his policy limit. Allstate allegedly refused to settle with Crabtree and failed to inform Cotton of the settlement negotiations or his potential liability, giving Cotton a potential bad-faith claim against Allstate. The Crabtrees sued Cotton, who declared bankruptcy. The bankruptcy court allowed the personal-injury action to proceed, resulting in a $4 million judgment for the Crabtrees, making them judgment creditors in the bankruptcy proceeding. Cotton’s bad-faith claim was classified as an asset of the bankruptcy estate. The bankruptcy court allowed the Crabtrees to purchase Cotton’s bad-faith claim for $10,000, which they financed through Court Properties, Inc.The Crabtrees sued Allstate, asserting Cotton’s bad-faith claim. The United States District Court for the Southern District of Mississippi dismissed the action for lack of subject matter jurisdiction, holding that the assignments of Cotton’s claim to Court Properties and then to the Crabtrees were champertous and void under Mississippi law. Consequently, the court found that the Crabtrees lacked Article III standing as they had not suffered any injury from Allstate.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court certified a question to the Supreme Court of Mississippi regarding the validity of the assignments under Mississippi’s champerty statute. The Supreme Court of Mississippi held that the statute prohibits a disinterested third party engaged by a bankruptcy creditor from purchasing a cause of action from a debtor’s estate. Based on this ruling, the Fifth Circuit held that the assignment of Cotton’s claim to Court Properties was void, and thus, the Crabtrees did not possess Cotton’s bad-faith claim. Therefore, the Crabtrees lacked standing to sue Allstate, and the district court’s dismissal was affirmed. View "Crabtree v. Allstate Property" on Justia Law

Karen Orr tripped on a soft drink display at a Dollar General store in Ackerman, Mississippi, and subsequently fell. After Orr's death, Sandie Keister, on behalf of Orr's estate, sued Dolgencorp for premises-liability negligence, negligent infliction of emotional distress, and breach of contract. During discovery, Dolgencorp failed to produce security camera footage, data from the store’s daily planner, and safety-check data. The district court found that Dolgencorp lost or could not access this evidence. Both parties filed motions for summary judgment, and Keister also filed a motion for sanctions for spoliation of evidence.The United States District Court for the Northern District of Mississippi granted summary judgment for Dolgencorp on all claims and denied Keister’s motions for summary judgment and sanctions. Keister appealed, arguing that the district court erred in granting summary judgment for Dolgencorp on her premises liability claim and in denying her motion for sanctions.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s grant of summary judgment de novo and affirmed the decision. The court held that Keister failed to provide evidence that Dolgencorp breached its duty to warn Orr of the dangerous condition. Keister's arguments, including the mode-of-operation theory and the duration of the dangerous condition, were insufficient to establish Dolgencorp's liability. The court also affirmed the denial of Keister’s motion for sanctions, finding no evidence that Dolgencorp intended to deprive her of the missing evidence and noting that the request for a jury instruction became moot after summary judgment was granted.The judgment of the district court was affirmed. View "Keister v. Dolgencorp" on Justia Law

A minor collision involving a United States Postal Service (USPS) vehicle and Michael Le resulted in severe consequences. Michael Le, who had advanced ankylosing spondylitis, was struck by a USPS vehicle while backing out of his driveway. The collision caused his car to accelerate and crash into a neighbor's house. Le was hospitalized, underwent spinal surgery, and became a quadriplegic. He later developed complications, including an esophageal tear and infections, leading to further medical issues and amputations. Le and his wife filed a lawsuit under the Federal Tort Claims Act (FTCA) against the United States and USPS, alleging negligence by the USPS driver.The United States District Court for the Northern District of Texas conducted a bench trial and found the government liable for the damages. The court awarded significant damages to Michael Le for past and future medical expenses, loss of earnings, and intangible damages, as well as to his wife for loss of consortium and services. The government filed a post-judgment motion for remittitur, arguing that the damages were excessive, but the district court denied the motion, finding the awards reasonable given the unique facts of the case.The United States Court of Appeals for the Fifth Circuit reviewed the case, focusing on the district court's findings of fact and conclusions of law. The appellate court affirmed the district court's judgment, finding no clear error in the determination of liability or the calculation of damages. The court upheld the awards for past and future physical pain, mental anguish, physical impairment, and disfigurement, noting that the district court's findings were supported by the evidence and within the bounds of reasonable recovery. The appellate court also rejected the government's argument that Michael Le's death during the appeal nullified the damages awards, affirming that the awards persisted as part of his estate. View "Le v. United States" on Justia Law

James Ethridge, a Texas resident, purchased a Samsung 18650 lithium-ion battery from a Wyoming-based seller on Amazon in October 2018. The battery exploded in his pocket in November 2019, causing severe burns and other injuries. Ethridge filed a personal injury lawsuit in Texas state court in 2021 against Samsung SDI Company, Firehouse Vapors LLC, and two Amazon entities. He later added Macromall LLC as a defendant. After dismissing Firehouse Vapors, the remaining defendants removed the case to federal court. Ethridge then dismissed Macromall, leaving Samsung and the Amazon entities as defendants.The United States District Court for the Southern District of Texas granted summary judgment in favor of the Amazon defendants and dismissed Samsung for lack of personal jurisdiction. Ethridge appealed the dismissal of Samsung to the United States Court of Appeals for the Fifth Circuit, voluntarily dismissing his appeal against Amazon.The Fifth Circuit reviewed the district court's decision de novo and reversed the dismissal. The court held that Samsung had purposefully availed itself of the Texas market by shipping 18650 batteries to companies like Black & Decker, HP, and Dell in Texas. The court found that Ethridge's claims were related to Samsung's contacts with Texas, as the same type of battery that injured Ethridge was sold in Texas. The court concluded that exercising personal jurisdiction over Samsung in Texas was fair and reasonable, given the state's interest in providing a forum for its injured residents and Samsung's ability to litigate in Texas. The case was remanded for further proceedings. View "Ethridge v. Samsung SDI" on Justia Law

The plaintiffs, a group of individuals and entities associated with the Daughtry family, sued Silver Fern Chemical, Inc. and its employee, Gilda Franco. Silver Fern supplied the plaintiffs with a chemical called 1,4 butanediol (BDO), which can be used as a date-rape drug. The Drug Enforcement Administration (DEA) investigated the distribution of BDO for illicit use and subpoenaed Silver Fern for emails related to BDO purchases. Franco altered these emails to include a Safety Data Sheet (SDS) that was not originally attached, and the plaintiffs allege this was done to aid the government in prosecuting them.The United States District Court for the Eastern District of Texas dismissed the claims against Franco for lack of personal jurisdiction and against Silver Fern for failure to state a claim. The court found that the plaintiffs did not adequately allege that Silver Fern intended for them to rely on the altered emails, nor did they show reliance on these emails to their detriment. The court also dismissed the products-liability claims, stating that the plaintiffs were not the end users of the chemical and did not suffer physical harm.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's dismissal of the fraud claims, agreeing that the plaintiffs failed to show that Silver Fern intended for them to rely on the altered emails. The court also upheld the dismissal of the civil conspiracy to commit fraud claim, as it was dependent on the underlying fraud claim. Additionally, the court affirmed the dismissal of the products-liability claims, noting that the plaintiffs did not suffer physical harm and were not the end users of the chemical.The Fifth Circuit concluded that the district court's judgment of dismissal was correct and affirmed the decision. View "Daughtry v. Silver Fern Chemical" on Justia Law