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

Brett Favre, a former professional football player, sued Shannon Sharpe, another former player and sports talk show host, for defamation. Sharpe had made statements on his show accusing Favre of stealing funds from a government program intended for impoverished individuals. These comments were made in the context of a widely reported welfare scandal in Mississippi, where federal funds were misused, and Favre was alleged to have received some of these funds. Favre had not been criminally charged but was involved in a civil suit filed by the Mississippi Department of Human Services (MDHS) to recover misused funds.The United States District Court for the Southern District of Mississippi dismissed Favre's defamation suit on the pleadings. The court ruled that Sharpe's comments were rhetorical hyperbole and thus not actionable. The court found that no reasonable person would interpret Sharpe's statements as literal accusations of theft, given the context of the broadcast.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The appellate court did not analyze the rhetorical hyperbole argument but instead focused on whether Sharpe's statements were protected opinions based on disclosed facts. The court concluded that Sharpe's statements were strongly stated opinions based on widely reported facts about the welfare scandal. The court noted that the broadcast included corrections and clarifications about the facts, and Sharpe's comments did not imply undisclosed false facts. Therefore, the statements were nonactionable as they were opinions based on truthful, established facts.The Fifth Circuit affirmed the district court's dismissal of Favre's defamation claim, holding that Sharpe's statements were protected opinions and did not constitute defamation. View "Favre v. Sharpe" on Justia Law

In September 8, 2018, Michael Holmes attended a public fair in Belle Chasse, Louisiana, to test a new camera lens. While taking photos, Holmes was approached by Deputy Sheriff Corbett Reddoch, who asked for his identification. Holmes questioned the request, leading to a physical altercation where Reddoch arrested Holmes, claiming he was taking pictures of children. Holmes was charged only with resisting arrest.Holmes filed a lawsuit in the United States District Court for the Eastern District of Louisiana, asserting claims under 42 U.S.C. § 1983 and Louisiana state law. The jury found in favor of Holmes on his Fourth Amendment unlawful arrest claim but granted qualified immunity to Reddoch for the investigatory stop. The jury also found for Holmes on state-law claims of battery, false imprisonment, and malicious prosecution. Reddoch's post-verdict motions for judgment as a matter of law and a new trial were denied by the district court.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's denial of Reddoch's motions, holding that there was sufficient evidence for the jury to conclude that Reddoch did not have probable cause to arrest Holmes. The court also found that Reddoch forfeited his qualified immunity defense for the false arrest claim by not raising it in his Rule 50 motion. Additionally, the court held that the jury's verdicts on the investigatory stop and arrest were not inconsistent, as they involved different legal standards. The court also upheld the jury's award of punitive damages, finding that Reddoch's actions demonstrated reckless or callous indifference to Holmes's constitutional rights. The judgment of the district court was affirmed. View "Holmes v. Reddoch" on Justia Law

Anthony Barron, a civilian contractor, drowned while driving through a low water crossing at Camp Bullis, a U.S. military facility near San Antonio, Texas. The crossing was not closed or guarded despite regulations requiring such measures during heavy rain. Barron’s parents sued the United States under the Federal Tort Claims Act, alleging general negligence, premises liability, and negligent undertaking.The United States District Court for the Western District of Texas dismissed the claims, citing sovereign immunity and the discretionary function exception. On appeal, the Fifth Circuit reversed, finding that the regulation mandating the gate be locked or guarded was non-discretionary. On remand, the district court granted summary judgment for the government, ruling that Texas law barred the general negligence and premises liability claims and that the negligent undertaking claim was inadequately pleaded.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. It affirmed the district court’s summary judgment on the general negligence and premises liability claims, agreeing that Texas law precludes recovery under these theories. However, the appellate court disagreed with the district court’s finding that the negligent undertaking claim was inadequately pleaded. The Fifth Circuit found that the plaintiffs had sufficiently alleged the elements of negligent undertaking.Given the uncertainty in Texas law regarding whether a negligent undertaking claim can proceed when a premises liability claim is barred by the natural accumulation doctrine, the Fifth Circuit certified this question to the Supreme Court of Texas. The appellate court retained jurisdiction pending the state court’s response. View "Barron v. United States" on Justia Law

In 2021, Grant and Sarah Palmquist, on behalf of their minor son, sued baby-food manufacturer Hain Celestial Group, Inc. and grocery retailer Whole Foods Market, Inc. in Texas state court. They sought damages for their son Ethan’s physical and mental decline, which they allege began when he was about thirty months old and had been consuming Hain’s Earth’s Best Organic Products, purchased from Whole Foods. The Palmquists attributed Ethan's health issues to heavy metal toxicity caused by the baby food. The case was removed to federal court, where Whole Foods was dismissed as improperly joined and judgment was granted in favor of Hain during trial.The district court dismissed Whole Foods on the grounds of improper joinder and denied the Palmquists’ motion to remand the case to state court. The court also granted Hain’s motion for judgment as a matter of law, concluding that the Palmquists had presented no evidence of general causation. The Palmquists appealed these decisions.The United States Court of Appeals for the Fifth Circuit reversed the district court’s judgment denying the Palmquists’ motion to remand, vacated the final judgment of the district court, and remanded with instructions for the district court to remand the case to the state court. The court held that the Palmquists were entitled to a remand to state court because the allegations in their state-court complaint stated plausible claims against Whole Foods. The court did not address whether the district court erred in granting judgment as a matter of law in favor of Hain. View "Palmquist v. Hain Celestial Group" on Justia Law

The case involves four plaintiffs who took docetaxel, a chemotherapy drug, as part of their treatment for early-stage breast cancer and subsequently suffered permanent chemotherapy-induced alopecia (PCIA). The plaintiffs allege that the manufacturers of the drug, Hospira, Inc., Hospira Worldwide, LLC, and Accord Healthcare, Inc., violated state law by failing to warn them that docetaxel could cause PCIA.The case was initially heard in the United States District Court for the Eastern District of Louisiana, where the defendants moved for summary judgment on the basis that the plaintiffs' state law failure-to-warn claims were preempted by federal law. The district court denied the motion, and the defendants appealed.The United States Court of Appeals for the Fifth Circuit was tasked with determining whether federal law preempts the plaintiffs' state law failure-to-warn claims against the defendant drug manufacturers. The court found that the district court had erred in its interpretation of what constitutes "newly acquired information" under the changes-being-effected (CBE) regulation, which allows manufacturers to file a supplemental application with the FDA and simultaneously implement a labeling change before obtaining FDA approval. The court held that the district court failed to enforce the requirement that newly acquired information must "reveal risks of a different type or greater severity or frequency than previously included in submissions to FDA."The court vacated the district court's judgment on the plaintiffs' failure-to-warn claims and remanded the case for further consideration of one outstanding issue: whether the Bertrand Abstract, a scientific study, constituted "newly acquired information" that revealed a greater risk of PCIA than previously known. If the Bertrand Abstract does not meet this standard, the court held that the defendants would not be liable to the plaintiffs on their state law failure-to-warn claims. View "Hickey v. Hospira" on Justia Law

The case revolves around Susan Miller, who sued Michaels Stores, Inc. for negligence after she slipped and fell in one of their stores in Slidell, Louisiana, during a rainstorm. Miller claimed that she had entered the store via a propped-open exit door, where no warning signs or mats were present, and subsequently slipped on a clear substance. She argued that a store employee had admitted to the presence of a warning sign and mat at the other door, indicating that the store was aware of the wet conditions but had failed to adequately warn customers.Earlier, the United States District Court for the Eastern District of Louisiana had granted summary judgment in favor of Michaels. The store had argued that Miller lacked evidence proving that they had notice of any hazards where she slipped. The district court ruled that none of the evidence showed that Michaels was aware of a hazard in the area where Miller fell, and hence granted summary judgement for Michaels.Upon review by the United States Court of Appeals for the Fifth Circuit, the court affirmed the district court’s decision. The court held that Miller's evidence was insufficient to show that Michaels had actual or constructive notice of the specific hazard that caused her fall. Furthermore, it ruled that the statements made by the Michaels employee were irrelevant to the issue of notice and were therefore inadmissible. Lastly, the court found no evidence that Michaels had spoiled any evidence, as alleged by Miller. Therefore, the court affirmed the summary judgment in favor of Michaels Stores. View "Miller v. Michaels Stores" on Justia Law

In this case, the United States Court of Appeals for the Fifth Circuit reversed a verdict from the United States District Court for the Northern District of Texas. The plaintiffs, C. Sidney Johnston and Danette Johnston, had sued Ferrellgas, Incorporated after Mr. Johnston was injured using a propane tank manufactured by Ferrellgas. A jury had found Ferrellgas liable for a manufacturing defect and negligence and awarded the Johnstons $7 million, which the district court reduced to $1.7 million. On appeal, Ferrellgas contended that the district court erred in denying its motion for judgment as a matter of law because there was insufficient evidence to support the verdict.The Court of Appeals agreed with Ferrellgas. The Court found that there was no substantial evidence to support the jury's finding that the tank was defective when it left Ferrellgas's possession, a crucial element of a manufacturing defect claim. The Court also found that the negligence claim must fail, as it was dependent on the tank having a manufacturing defect.The Court therefore reversed the district court's denial of Ferrellgas's motion for judgment as a matter of law on both the manufacturing defect and negligence claims, and rendered judgment for Ferrellgas. View "Johnston v. Ferrellgas" on Justia Law

In this case, Glen Pace, a Mississippi resident, appealed the dismissal of his claims against multiple corporate defendants over personal injuries he suffered in a Texas airplane crash. The United States District Court for the Southern District of Mississippi dismissed the claims against the out-of-state defendants for lack of personal jurisdiction and held that the two Mississippi defendants were improperly joined, which allowed removal to federal court.Upon review, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s ruling. The appellate court agreed that Pace failed to state a claim against either in-state defendant, and thus, they were improperly joined. As for the out-of-state defendants, the court found that the district court lacked personal jurisdiction over them. The court reasoned that the aircraft crash, any equipment failure, and the injuries all occurred in Texas, and Pace's subsequent medical treatment and damages in Mississippi did not constitute an actual injury felt in the state for the purpose of establishing personal jurisdiction. The court held that Pace's injuries from the crash occurred in Texas and his subsequent medical treatment in Mississippi were "consequences stemming from the actual tort injury," which do not confer personal jurisdiction.The court also denied Pace's request for jurisdictional discovery, stating that Pace failed to present specific facts or reasonable particularity regarding jurisdictional facts. The court stressed that its decision should not be interpreted as implying a view on the merits of Pace’s claims. View "Pace v. Cirrus Design Corp" on Justia Law

Plaintiffs are people who claim to suffer from chronic Lyme disease. A person contracts Lyme disease from ticks carrying the bacterium Borrelia burgdorferi. In 2006, IDSA published The Clinical Assessment, Treatment, and Prevention of Lyme Disease, Human Granulocytic Anaplasmosis, and Babesiosis: Clinical Practice Guidelines by the Infectious Diseases Society of America (“the Guidelines”). The Guidelines extensively discuss how to diagnose and treat Lyme disease. Throughout, they express doubt about the causes, frequency, and even the existence of chronic Lyme disease. Moreover, the Guidelines do not recommend long-term antibiotic therapy for persons with persistent Lyme symptoms who have already received recommended treatments.   The Fifth Circuit affirmed the district court’s ruling dismissing Plaintiffs’ claims. Plaintiffs took issue with IDSA’s positions that (1) “there is no convincing biological evidence for the existence of symptomatic chronic B. burgdorferi infection among patients after receipt of recommended treatment regimens for Lyme disease,” and (2) “antibiotic therapy has not proven to be useful and is not recommended for patients with chronic (>6 months) subjective symptoms after recommended treatment regimens for Lyme disease.” On their face, however, these statements are medical opinions. In this context (a scientific debate over treatment options for persistent Lyme symptoms), to say that evidence is not “convincing” or that some treatment is “not recommended” is plainly to express a medical opinion. Just because Plaintiffs disagree with those opinions does not mean that IDSA is somehow liable because their doctors or insurance providers found the opinions persuasive. View "Torrey v. Infectious Diseases Socty" on Justia Law

Plaintiffs were injured in an auto accident and brought product liability claims against the vehicle’s manufacturer. In the course of litigation, the manufacturer moved to exclude Plaintiffs’ two liability experts, moved for a new trial and a judgment as a matter of law, and objected to the denial of a jury instruction regarding the presumption of nonliability (“the presumption”). Ultimately, the manufacturer was found liable and ordered to pay nearly $5 million in damages.On appeal, the manufacturer argued the district court erred in denying the motions and rejecting the requested instruction. The Fifth Circuit affirmed, finding that Plaintiffs’ experts based their opinions on reliable methodologies and provided relevant, helpful testimony. View "Kim v. American Honda Motor" on Justia Law