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

A patient received treatment for diabetes at VA facilities from 2016 to 2022. In early 2020, he reported worsening symptoms and expressed dissatisfaction with his medical care, believing negligence contributed to his condition. Two years later, he filed a complaint with the Office of the Inspector General, alleging improper diagnosis and treatment at VA facilities. He also submitted a Standard Form-95 (SF-95) to the Office of the General Counsel, naming himself as claimant and his wife as a witness and property owner. The agency denied his claim, and he was informed of his right to sue. The couple then filed a pro se lawsuit under the Federal Tort Claims Act (FTCA), alleging negligent medical care caused kidney disease. Subsequently, the wife filed her own SF-95, asserting power of attorney, but the agency denied this claim as duplicative and because the couple had already sought judicial remedy.The United States District Court for the Eastern District of Texas, following a magistrate judge’s recommendation, dismissed the wife’s claims for failure to exhaust administrative remedies, dismissed both plaintiffs’ claims as time-barred, and denied leave to amend as futile. The plaintiffs objected, but the district court adopted the recommendations and dismissed the case with prejudice. The plaintiffs appealed.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court held that the district court erred in finding the wife failed to exhaust administrative remedies for her property damage claim, because the administrative filing gave sufficient notice for that claim. However, the Fifth Circuit affirmed the district court’s dismissal on the alternative ground that all claims were barred by the FTCA’s statute of limitations, as the plaintiffs’ injuries and property damages were or should have been known more than two years before the administrative claims were filed. The denial of leave to amend was also affirmed. View "Ellsworth v. Dallas Texas Department of Veteran Affairs" on Justia Law

A Jamaican citizen, admitted to the United States as a lawful permanent resident, was convicted under 18 U.S.C. § 115(a)(1) for influencing a federal official by threat and sentenced to 41 months in prison. Following this conviction, the government initiated removal proceedings, alleging that the conviction qualified as an aggravated felony under immigration law, making him both removable and ineligible for cancellation of removal. The individual contested these assertions, claiming his conviction did not constitute an aggravated felony.An immigration judge determined that the conviction was indeed for an aggravated felony, thus rendering the individual removable and ineligible for cancellation of removal. The Board of Immigration Appeals (BIA) affirmed this decision, applying the categorical approach without distinguishing which statutory alternative formed the basis for the conviction. The petitioner then sought review in the United States Court of Appeals for the Fifth Circuit.The United States Court of Appeals for the Fifth Circuit reviewed whether the petitioner’s conviction under 18 U.S.C. § 115(a)(1) constituted an aggravated felony, specifically a crime of violence under 18 U.S.C. § 16(a). The court found the statute divisible and determined from the record that the conviction was for threatening to assault a federal official. The court concluded that this offense necessarily involved the threatened use of physical force, meeting the definition of a crime of violence, and thus an aggravated felony. The court also found that any error by the BIA in method was harmless. As a result, the Fifth Circuit denied both the motion for appointment of counsel and the petition for review, affirming the final order of removal and ineligibility for cancellation of removal. View "McLean v. Bondi" on Justia Law

Mark Stanford, an incapacitated resident of a Mississippi nursing facility, suffered severe burns after starting a fire in his room. The Mississippi State Department of Health determined that the nursing center failed to adequately supervise Stanford and maintain a safe environment, citing the facility for violating federal regulations regarding the safety and supervision of residents. Stanford, through his conservator, brought a lawsuit alleging negligence and medical malpractice against the nursing facility and related entities.Brandon Nursing and Rehabilitation Center moved to compel arbitration based on an agreement signed in 2017 by Stanford’s brother, Russell Phillips, who acted as Stanford’s health surrogate during his admission. Stanford opposed arbitration, arguing that the agreement was invalid because Phillips lacked authority under Mississippi’s Uniform Health-Care Decisions Act to bind Stanford, since Stanford’s adult son—a higher-priority family member under the statute—was reasonably available and willing to serve as surrogate. The United States District Court for the Southern District of Mississippi held that Phillips was not a proper surrogate under the statute and denied the motion to compel arbitration.Reviewing the case, the United States Court of Appeals for the Fifth Circuit applied de novo review to both the denial of arbitration and interpretation of state law. The Fifth Circuit determined that the key issue was whether, under Mississippi’s Uniform Health-Care Decisions Act, a health care provider must ensure that no higher-priority family member is “reasonably available” before accepting decisions from a lower-priority family member acting as surrogate. Noting the statutory ambiguity and lack of controlling Mississippi precedents, the Fifth Circuit did not resolve the merits but instead certified this question of state law to the Mississippi Supreme Court for authoritative interpretation. View "Stanford v. Brandon Nursing" on Justia Law

The defendant, Marcos Hernandez, has a documented history of violence against the mother of his child, Jessica Murillo, including multiple arrests and convictions for assault. His conduct escalated over several years, resulting in convictions for misdemeanor and felony assault of a family member under Texas law. In May 2023, Hernandez was found in possession of a short-barreled, unregistered 12-gauge shotgun while walking along a railroad track in El Paso, Texas. Subsequent investigation confirmed he had no firearms registered to his name. Hernandez was indicted for possession of a firearm by a convicted felon and possession of an unregistered firearm.The United States District Court for the Western District of Texas denied Hernandez’s motion to dismiss the indictment, in which he argued that both statutes violated the Second Amendment and, for one count, the Commerce Clause. Hernandez then pled guilty to both charges, admitting to his prior felony convictions and the facts surrounding the firearm. The district court sentenced him to concurrent terms of imprisonment and supervised release. Hernandez timely appealed.The United States Court of Appeals for the Fifth Circuit reviewed Hernandez’s constitutional challenges de novo. The court concluded that his facial Second Amendment and Commerce Clause challenges to 18 U.S.C. § 922(g)(1) are foreclosed by precedent. Regarding his as-applied Second Amendment challenges to both statutes, the Fifth Circuit held they fail because the Second Amendment does not protect possession of short-barreled shotguns and because Hernandez’s predicate offenses are crimes of violence. Under Fifth Circuit precedent, such convictions permit categorical disarmament. The court affirmed the district court’s judgment, upholding Hernandez’s convictions. View "United States v. Hernandez" on Justia Law

Residents of Jackson, Mississippi, brought a class action lawsuit alleging that the city knowingly contaminated their drinking water with lead, failed to treat the water to prevent lead leaching, and misled the public about the water’s safety. The complaint details how city officials ignored warnings about the water system’s vulnerabilities, failed to repair critical treatment equipment, switched water sources in a way that worsened contamination, and delayed notifying residents of dangerous lead levels. Plaintiffs claim they and their families suffered significant health effects, including lead poisoning and related medical and developmental issues, as a result of consuming the contaminated water.The United States District Court for the Southern District of Mississippi granted the defendants’ motion for judgment on the pleadings. The court found that the plaintiffs failed to state a substantive due process claim against the city and that the individual city officials were entitled to qualified immunity. The district court also declined to exercise supplemental jurisdiction over the state-law claims, dismissing them without prejudice.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The Fifth Circuit held that the plaintiffs plausibly alleged a violation of their Fourteenth Amendment right to bodily integrity by claiming the city affirmatively introduced toxins into the water supply, misrepresented the water’s safety, and thereby deprived residents of the ability to make informed decisions about their health. The court also formally adopted the state-created danger doctrine as a viable theory in the circuit. The court reversed the dismissal of the due process claims against the city and vacated the dismissal of the state-law claims, remanding for further proceedings. However, the court affirmed the dismissal of claims against the individual city officials on qualified immunity grounds, finding the relevant rights were not clearly established at the time. View "Sterling v. City of Jackson" on Justia Law

In August 2019, a company filed for Chapter 11 bankruptcy, with its only assets being three properties occupied by its sole member and two affiliates. Arrowhead Capital Finance, Ltd. obtained judgments against these affiliates and initiated an adversary proceeding against the debtor, seeking to hold it liable for the affiliates’ obligations. During this process, the bankruptcy trustee filed a separate adversary proceeding to recover unpaid rent from one affiliate. A settlement was reached in which Arrowhead received assignment of claims against the affiliates in exchange for releasing its own claims. The bankruptcy court approved this settlement, retaining jurisdiction over the assigned claims. Arrowhead then intervened and obtained a final judgment against the affiliates, including Royal Street Bistro, LLC (RSB).After the bankruptcy court entered judgment, RSB and another affiliate filed a notice of appeal but failed to attach a copy of the judgment as required by the bankruptcy rules. The bankruptcy court clerk issued a deficiency notice, and the corrected notice was filed ten days after the deadline. Arrowhead moved to dismiss the appeal, arguing that the failure to timely attach the judgment deprived the district court of jurisdiction. The United States District Court for the Eastern District of Louisiana dismissed the appeal, holding that the defect was jurisdictional and, alternatively, that dismissal was warranted as a discretionary sanction for noncompliance.The United States Court of Appeals for the Fifth Circuit reviewed the case. It held that failure to attach the judgment to the notice of appeal is not a jurisdictional defect under the bankruptcy rules, and that the district court abused its discretion by dismissing the appeal without considering lesser sanctions or the absence of prejudice. The Fifth Circuit reversed the district court’s dismissal and remanded the case for further proceedings. View "Royal Street Bistro v. Arrowhead Capital" on Justia Law

After Dallas Commodity Company obtained a $1.5 million state court judgment against Joseph F. Langston, Jr. and the Langston Family Limited Partnership, Langston filed for Chapter 7 bankruptcy. He claimed exemptions for two Individual Retirement Accounts (IRAs) worth over $500,000. The bankruptcy trustee repeatedly continued the creditors’ meeting (the “341 meeting”) to allow Langston to provide additional documents. The final 341 meeting occurred on May 26, 2021, after which the trustee failed to file a statement specifying the adjourned date and time as required by Bankruptcy Rule 2003(e). Despite this, the parties continued to communicate and negotiate, with Langston amending his bankruptcy schedules and entering into an agreed order with the trustees to abate related litigation until exemption objections were resolved.The United States Bankruptcy Court for the Northern District of Texas overruled Langston’s objection that Dallas Commodity’s challenge to his claimed exemptions was untimely, even though the objection was filed more than 30 days after the last 341 meeting. The bankruptcy court found that Langston had agreed to the continuance and had not objected to the process until after the objection was filed. The United States District Court for the Northern District of Texas affirmed, applying the Fifth Circuit’s prior case law and finding the objection timely under a case-by-case approach.The United States Court of Appeals for the Fifth Circuit reviewed the case and held that, although the trustee failed to comply with the procedural requirements of Bankruptcy Rule 2003(e), Langston had waived his right to object to the timeliness of Dallas Commodity’s exemption challenge by agreeing to the continuance and benefiting from the additional time. The Fifth Circuit affirmed the district court’s judgment, holding that the bankruptcy court properly overruled Langston’s timeliness objection on the basis of waiver. View "Langston v. Dallas Commodity Co." on Justia Law

A welder was injured while working on a launch site on the Mississippi River, operated by two closely related companies. The injury occurred when a defective hook, lacking a required safety latch, struck him during a crane operation, causing him to fall and sustain multiple injuries, including a fractured eye socket and a cervical disk injury. Over the following months, he underwent surgery and was prescribed pain medications. After his prescriptions ran out, he attempted to manage his pain with over-the-counter drugs, but ultimately died from an overdose of street fentanyl mixed with Xylazine, a non-prescribed animal tranquilizer.The estate of the deceased sued the two companies for personal injury under the Jones Act, general maritime law, and the Longshore and Harbor Workers’ Compensation Act (LHWCA) in the United States District Court for the Eastern District of Louisiana. After a bench trial, the district court found the companies liable for vessel negligence under the LHWCA, determining that the defective hook was an appurtenance of the vessel and the proximate cause of the initial injury. The court also found the two companies to be essentially the same entity and awarded damages to the decedent’s children and mother, including for wrongful death and loss of consortium.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s findings for clear error and legal conclusions de novo. The Fifth Circuit held that while the defective hook was the proximate cause of the workplace injury, the ingestion of illegal drugs was a superseding cause of death, breaking the chain of causation from the workplace injury. The court reversed the award of damages stemming from the death and loss of consortium, concluding that the companies were not liable for the decedent’s death, and remanded for further proceedings. View "Bommarito v. Belle Chasse Marine Trans" on Justia Law

Sanchez Energy Corporation, a gas producer, underwent Chapter 11 bankruptcy in 2019 due to significant debt, with its reorganization plan confirmed in April 2020. The company, later renamed Mesquite Energy, Inc., owned valuable fossil fuel reserves in the Comanche Field, Texas, and had several high-cost contracts for gathering, processing, transporting, and marketing natural gas and natural gas liquids. Carnero G&P, L.L.C., a midstream services provider, had a contract with Sanchez to serve as a backup provider. After Sanchez’s reorganization, Mesquite entered into new agreements with other parties to lower its midstream costs, which Carnero claimed breached its surviving contract.Following the bankruptcy, Carnero filed a state court lawsuit against Mesquite and other parties, asserting state law claims based on the new agreements. The suit was removed to the United States Bankruptcy Court for the Southern District of Texas, which denied Carnero’s request to remand and ultimately dismissed the case on the pleadings, finding it had “related-to” jurisdiction under 28 U.S.C. § 1334. The bankruptcy court reasoned that the dispute pertained to the implementation of the reorganization plan and that Carnero was barred from challenging the new agreements due to its failure to object during the bankruptcy proceedings. The United States District Court for the Southern District of Texas affirmed the bankruptcy court’s decision.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the jurisdictional question de novo. The Fifth Circuit held that the bankruptcy court lacked post-confirmation “related-to” jurisdiction over Carnero’s state law contract claims, as the dispute did not pertain to the implementation or execution of the reorganization plan. The court found that the new agreements were not executory contracts under the plan and that Carnero was not barred from pursuing its claims. The Fifth Circuit reversed the lower courts’ judgments and remanded the case with instructions to remand to state court. View "Carnero G&P v. SN EF Maverick" on Justia Law

In this case, the defendant was convicted of sex trafficking a minor after a jury trial. The evidence showed that in 2022, a 15-year-old girl ran away from home and met the defendant in Houston. The defendant, knowing her age, engaged in non-consensual sex with her, supplied her with drugs, and coerced her into sex work. He arranged for her to be photographed in lingerie for online advertisements and kept the money she earned from commercial sex acts, using it for personal expenses. The victim eventually escaped and was hospitalized, where she expressed severe emotional distress and suicidal thoughts. Her mother stayed with her during her hospital stay, incurring lost wages and later purchasing clothing to help her daughter feel safer in public.The United States District Court for the Southern District of Texas presided over the trial and sentencing. The jury found the defendant guilty, including findings that the victim was under eighteen and that force, threats, fraud, or coercion were involved. The presentence report calculated a Guidelines range of life imprisonment, but the district court imposed a sentence of 480 months’ imprisonment and ten years of supervised release, and later ordered restitution, including amounts for the mother’s lost wages and clothing purchases. The defendant objected to these restitution components and to the consideration of certain statements in the victim-impact statement, and also identified a clerical error in the written judgment.The United States Court of Appeals for the Fifth Circuit reviewed the case. It held that the district court did not plainly err in considering the full victim-impact statement, did not exceed its statutory authority in awarding restitution for the mother’s lost wages and clothing purchases, and that the statutory scheme allowed such restitution as proximate results of the offense. The Fifth Circuit affirmed the sentence and restitution order, but remanded for correction of the clerical error in the amended judgment to match the court’s oral pronouncement. View "USA v. Limon" on Justia Law