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

Defendant, a Texas Justice of the Peace, opened his courtroom with a prayer every morning. The plaintiffs, a group of litigants appearing before the judge, sought an injunction preventing Defendant from doing so. The district court granted Plaintiff's request for an injunction, which the Fifth Circuit stayed pending resolution on the merits.In resolving the merits, the Fifth Circuit reversed the district court's grant of summary judgment and entered judgment for Defendant. The court concluded that as long as Defendant 1.) has a policy of denominational nondiscrimination and that (2) anyone may choose not to participate and suffer no consequences, Defendant's practice is non-coercive. Defendant allowed anyone to participate in the prayer and would select attendees to lead the prayer without regard to their beliefs. View "Freedom From Religion v. Mack" on Justia Law

In a dispute over the applicability of a forum selection clause contained in a franchise agreement, the Fifth Circuit held that non-signatories to a franchise agreement may be bound to the contract’s choice of forum provision under the equitable doctrine that binds non-signatories who are “closely related” to the contract. View "Franlink v. BACE Services" on Justia Law

Plaintiff was employed by Employer, an operator of a casino resort, from January 7, 2015, until she gave two weeks’ notice on June 28, 2019. Upon the termination of her employment, Plaintiff claimed she was subject to pregnancy and sex discrimination, harassment, and constructive discharge in violation of Title VII of the Civil Rights Act based on the adequacy of her lactation breaks and harassment she experienced from co-workers.The district court granted summary judgment to Employer, holding that Plaintiff did not present sufficient evidence to support a prima facie case of disparate treatment, harassment, or constructive discharge. The court further noted that, even if Plaintiff could support a prima facie case of disparate treatment related to the provided lactation breaks, her claim would still fail because Employer articulated legitimate, nondiscriminatory reasons for not giving her breaks at the exact times requested.The Fifth Circuit affirmed, holding, 1.) Plaintiff's allegations did not support a finding that her co-workers' conduct was objectively severe, 2.) Plaintiff's subjective disparagement of Employer's policies was insufficient to support her constructive discharge claim, and, 3.) Plaintiff's FLSA claims were untimely because they were first raised in response to Employer's motion for summary judgment. View "Bye v. MGM Resorts" on Justia Law

Defendant pleaded guilty to being a felon in possession of a firearm. This offense typically carries a maximum penalty of ten years incarceration. The presentence report (PSR), however, recommended sentencing Defendant pursuant to the Armed Criminal Career Act (ACCA), which would increase Defendant’s penalty to a minimum of fifteen years’ incarceration. The district court declined to do so—finding that Defendant’s prior convictions fail to satisfy the requirements of the ACCA.   The Fifth Circuit disagreed and vacated Defendant’s sentence and remanded for resentencing. The court reasoned that in applying the court’s holdings in Vickers and Ochoa-Salgado to the present case, Defendant’s prior conviction for possession with intent to distribute also qualifies as a predicate offense under the ACCA. Accordingly, the court vacated the sentence because it found that three of Defendant’s prior convictions qualify as predicate offenses under the ACCA/ View "USA v. Clark" on Justia Law

Appellant, a Canadian citizen not legally present in the United States, was arrested and charged with various firearms offenses following the execution of an administrative warrant at his trailer. Appellant unsuccessfully litigated a motion to suppress, claiming that agents exceeded the scope of the administrative warrant by arresting him not in a public place -- in the threshold of his trailer. The district court concluded that Appellant was not seized until after he had exited the trailer and that he was not located on any curtilage of the trailer.The Fifth Circuit affirmed, finding that the district court's resolution of Appellant's motion to suppress was not clearly erroneous. “[A] person standing in the doorway of a house is ʻin a “public” place,’ and hence subject to arrest without a warrant permitting entry of the home.” Illinois v. McArthur, 531 U.S. 326, 335 (2001). The Fifth Circuit also held that the district court did not err in finding that Appellant consented to the search of his trailer following his arrest. View "USA v. Malagerio" on Justia Law

Defendant pled guilty to one count of being a felon in possession of a firearm. His plea reserved the right to appeal the district court’s denial of his motion to suppress. He challenges the district court’s determination that a firearm and cell phone discovered in his car, as well as statements he made to officers, were admissible.   The Fifth Circuit affirmed. The court explained that here, the officers relied on their computer records that listed Defendant’s warrants. They did not have the complaints underlying the warrants or other information that might have revealed possible invalidity. Without “deliberate, reckless, or grossly negligent” conduct on the part of the police, excluding evidence has little, if any, deterrent value and is therefore unjustified. In sum, the court wrote, there is nothing in the record that would show that the officers’ reliance on the computer records was not objectively reasonable. The district court did not err in applying the good faith exception, and the officers were justified in their reliance on the traffic warrants as a basis for arrest.   Further, the only significant statement was Defendant’s answer to being asked if “there is anything [the officer] should know about” in the vehicle. Defendant responded that there is “something you might take me to jail for if I tell you,” and he then told the officer about a pistol in the console. The statement is not independently significant. Accordingly, the court rejected any prejudicial error from the admission of the statement. View "USA v. Walker" on Justia Law

Petitioner petitioned for review of an order of the Board of Immigration Appeals (BIA). The order dismissed his appeal of an Immigration Judge’s denials of his claims for asylum, withholding of removal, and protection under the Convention Against Torture. He presented several procedural and substantive challenges on appeal.   The Fifth Circuit dismissed the petition for review in part for lack of jurisdiction  and denied in part. The court explained that the BIA did not specifically discuss the IJ’s interpretation of the evidence, but it did reference the particular testimony on the severity of his attacks, the police involvement, and the affidavits that Petitioner alleged the IJ misconstrued. Even if the BIA did not agree with Petitioner’s contention about mischaracterizations, the BIA did mention the evidence that Petitioner alleges it failed to consider meaningfully. This is sufficient.    Finally, the court concluded, that it was reasonable for the BIA to conclude that the new evidence Petitioner presented would not change the outcome of his case. The medical evaluation Petitioner sought to submit would not have altered his case because the evaluation did not discuss symptoms and injuries related to the BJP attacks. Further, it was reasonable for the BIA to conclude Petitioner’s new declaration or affidavits would not have influenced his case, considering he already supplied a declaration and his testimony describing his injuries as minor could not be remedied with his additional evidence. View "Kumar v. Garland" on Justia Law

Following Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228 (2022), the State of Louisiana filed an “emergency Rule 60(b) motion to vacate permanent injunction” concerning the enforcement of Act 620, which requires physicians performing abortions to have “active admitting privileges” within thirty miles of the facility at which the abortions are performed. La. R.S. 40:1299.35.2(A)(2). It requested relief forthwith or, alternatively, relief within two days of filing its motion. Two days later, the district court denied the State’s motion. The State immediately filed an “emergency motion for reconsideration” and requested a ruling by the next day. The district court again denied the State’s motion.   The Fifth Circuit dismissed the appeal holding that the court lacks appellate jurisdiction. The court explained the district court’s orders cannot be read to have denied the underlying request for relief when the district court implicitly and explicitly stated its intent to defer a ruling on the matter. Further, the court reasoned that to have the “practical effect” of refusing to dissolve an injunction, the State must show that the orders have a “direct impact on the merits of the controversy.” The court noted that the district court’s orders did not touch the merits of the State’s underlying request for relief but, for the same reasons stated earlier, acted as the functional equivalent of a scheduling order. Lastly, the court held that the State has not shown it is entitled to mandamus. View "June Medical Svcs v. Phillips" on Justia Law

During the covid-19 pandemic, state and local authorities in Louisiana ordered nonessential businesses to close for a time. This required Plaintiff to temporarily shut his jewelry stores and event spaces in New Orleans. To recoup income lost during the closure, Plaintiff claimed reimbursement under his insurance policy’s coverage for “direct physical loss of or damage to” his property. Plaintiff’s insurer, Axis, denied the claim.   Plaintiff sued Axis along with his insurance agent and broker. The district court dismissed Plaintiff’s claims, concluding that Plaintiff suffered no covered loss or damages and that his agent and broker violated no duty to advise Plaintiff about pandemic-related coverage.   The Fifth Circuit affirmed. The court explained that what denied Plaintiff use of his property was the government’s closure orders. Such losses do not involve a “tangible alteration to, injury to, or deprivation of property.” The district court therefore correctly dismissed Plaintiff’s claims against Axis. Further, contrary to Plaintiff’s arguments, what creates a Louisiana insurance agent’s duty to procure particular coverage is not a “close relationship” with the insured but an insured’s “specific” request for “the type of insurance coverage . . . needed.” Here, Plaintiff did not allege he specifically requested pandemic-related coverage from either the wholesale broker or insurance agent, therefore Plaintiff’s claims against those Defendants were properly dismissed. View "Adler & Sons v. Axis Surplus Ins Co" on Justia Law

BRFHH Shreveport sued Willis-Knighton Medical Center for antitrust violations. The district court dismissed the complaint for failure to state a claim. The Fifth Circuit affirmed. The court held (A) BRF’s Section 1 claim fails because BRF hasn’t plausibly alleged an agreement between Willis-Knighton and LSU. Then the court held (B) BRF’s Section 2 claim fails because BRF hasn’t plausibly alleged market foreclosure.   The court explained that BRF’s complaint fails because the complaint alleges that Willis-Knighton’s exclusive dealing arrangement affected the upstream market for physician services. Then the complaint alleges foreclosure in the downstream medical services market. But BRF doesn’t adequately connect the two. First, the complaint already chose which market to allege. And it chose to focus on downstream markets for healthcare services—not the upstream market for physicians. BRF can’t change horses midstream. Second, though the complaint asserts that BRF had no choice but to get physicians from LSU, it admits this was a pre-existing “provision in the hospital by-laws.” So even if the restriction threatened substantial foreclosure— which BRF hasn’t alleged—BRF still would’ve failed to plead causation. View "BRFHH Shreveport v. Willis-Knighton" on Justia Law