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

Plaintiff filed suit against her former employer, WTW, alleging civil conspiracy under Texas law, a hostile work environment under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 (ADA), disability discrimination under the ADA, racial discrimination, and wrongful termination.The Fifth Circuit affirmed the district court's grant of WTW's motion for summary judgment. The court concluded that, while plaintiff did exhaust her disability discrimination and failure-to-accommodate claims, she failed to exhaust her claims of race discrimination and a hostile work environment. The court also concluded that plaintiff has not raised a genuine issue of material fact as to her failure-to-accommodate and disability discrimination claims, and WTW is entitled to judgment as a matter of law. The court further concluded that the district court did not abuse its discretion in denying plaintiff's motion to alter or amend the judgment and plaintiff has not shown that the district court abused its discretion in taxing costs against her. View "Jennings v. Towers Watson" on Justia Law

In 1899, the Barnard E. Bee chapter of the United Daughters of the Confederacy erected a monument of a Confederate soldier in a San Antonio Park, also placing a time capsule beneath the statue. In 1932, the Albert Sidney Johnston (ASJ) chapter of the United Daughters of the Confederacy formed, and that chapter functionally took the place of the Bee chapter when the Bee chapter dissolved in 1972. Over a century after the monument was erected, the City of San Antonio removed both the monument and time capsule. The ASJ chapter filed suit, claiming violations of the First and Fourteenth Amendments.The Fifth Circuit affirmed the district court's dismissal of the complaint based on lack of standing, agreeing with the district court that the ASJ chapter had no property right in the monument, time capsule, or land at the center of the park. The court rejected ASJ's contention that it possesses an easement or license to use the land. Rather, the land was generally inalienable and unassignable. Furthermore, any permission to use the land was limited. Even assuming arguendo that the 1899 document created an easement or irrevocable license, however, it transferred only to the Bee chapter and terminated with its dissolution in 1972. Therefore, the ASJ chapter's failure to establish a particularized injury undermines both of its claims. View "Albert Sidney Johnston Chapter v. City of San Antonio" on Justia Law

The Fifth Circuit withdrew its prior opinion and substituted the following opinion.In this insurance coverage dispute, at issue is who counts as an "employee" under the Texas Anti-Indemnity Act (TAIA). The Fifth Circuit concluded that Zurich was not required to file a cross-appeal and thus dismissed the cross-appeal. The court also concluded that the Maxim Policy does not assign Maxim's rights to Zurich, and thus Maxim can pursue this claim against Zurich under the Berkel Policy.The court certified the following question to the Supreme Court of Texas: Whether the employee exception to the TAIA, Texas Insurance Code 151.103, allows additional insured coverage when an injured worker brings a personal injury claim against the additional insured (indemnitee), and the worker and the indemnitee are deemed "co-employees" of the indemnitor for purposes of the TWCA. View "Maxim Crane Works, LP v. Zurich American Insurance Co." on Justia Law

In this consolidated civil rights action, plaintiffs filed suit alleging that defendant violated their Fourth Amendment rights by using false statements to secure a search warrant. The case arises out of a criminal investigation into plaintiffs by detectives of the Williamson County Sheriff's Office.The Fifth Circuit reversed the district court's denial of defendant's motion for qualified immunity and concluded that defendant is entitled to summary judgment on plaintiffs' Franks claims as there was no constitutional violation. Even after setting aside the allegedly false statements at issue, the court concluded that there are similar facts set forth in the affidavit that establish probable cause to search the residence. Therefore, the court found that, with the allegedly false statements excised, the affidavit's remaining content is enough to establish probable cause. View "Davis v. Hodgkiss" on Justia Law

Plaintiffs, representatives of a class of plaintiffs, filed suit against an ADT employee in state court seeking millions in damages after the employee, who installed ADT's home-security surveillance systems, used his access privileges to spy on customers in their homes. ADT, which is being sued directly by other plaintiffs in both Texas and Florida for the breach of privacy, intervened in this suit and removed to the district court under the Class Action Fairness Act (CAFA). The district court granted plaintiffs' motion to remove to state court under the home state exception to CAFA.The Fifth Circuit granted ADT's motion to appeal under 28 U.S.C. 1453(c) and reversed the district court's remand order. In this case, plaintiffs claim to represent a class of plaintiffs seeking millions in recovery for the invasion of their privacy, although, as of yet, they have asserted claims against only the offending employee (who is imprisoned). The court explained that the thrust of this suit is to gain access to ADT's deep pockets and ADT, having properly intervened, must be considered a primary defendant under CAFA. View "Madison v. ADT, LLC" on Justia Law

The Eighth Circuit affirmed defendant's conviction and life sentence for sex trafficking a minor and conspiracy to sex traffic a minor. The court concluded that the evidence was sufficient to support defendant's substantive and conspiracy conviction; any evidence in admitting rap videos was harmless; and there was no clear error in imposing a four-level sentencing enhancement for defendant's leadership role in the offense under USSG 3B1.1(a). View "United States v. Sims" on Justia Law

Plaintiff appealed the district court's dismissal of his negligence and intentional tort claims alleging that Bureau of Prison (BOP) officials caused him a variety of harm while he was incarcerated at USP Beaumont.The Fifth Circuit affirmed the district court's dismissal of plaintiff's negligence claims based on lack of subject matter jurisdiction. The court concluded that the district court fairly construed plaintiff's complaint as asserting that BOP officials acted negligently in transferring him to USP Beaumont and in housing him in the general population despite his concerns for his safety, and correctly held that those challenged actions are encompassed by the discretionary function exception. The court reversed the district court's dismissal of plaintiff's intentional tort claims for lack of jurisdiction and remanded for the district court to determine, with respect to whether the law enforcement proviso applies, whether the BOP officials were acting within the scope of their employment when committing the alleged torts. View "Dickson v. United States" on Justia Law

Hester, employed by Bell-Textron since 1997, suffers from epilepsy and glaucoma. Hester also assists his wife, who has stage-four cancer. In 2017, Hester began reporting to Cribb, who was aware of Hester’s medical history. In 2018, Cribb issued Hester's first poor performance review. Months later, Cribb issued Hester a final warning related to a part that broke during testing. Hester protested and was escorted off-premises. Cribb told him to apply for an employee assistance program. Hester was granted short-term disability coverage and leave under the Family and Medical Leave Act (FMLA) based on his epilepsy and glaucoma. A human resources employee fired Hester by telephone weeks later, citing Hester’s “poor mid-year performance review.” Hester was informed that he still had several weeks of FMLA leave remaining. Hester then filed suit, alleging discriminatory termination during the pendency of his FMLA leave and interference with his right of reinstatement at the end of his FMLA leave.The Fifth Circuit reversed the dismissal of his complaint. The alleged timeline of events indicates that BellTextron’s termination decision was not “completely unrelated” to the exercise of his FMLA rights. The allegation that Bell-Textron directed Hester to an employee assistance program and guided him through the FMLA application process—rather than simply firing him outright on the basis of poor workplace performance—indicates that Hester’s right to restored employment was still intact when he secured FMLA leave. View "Hester v. Bell-Textron, Inc." on Justia Law

Dr. Narang and Moparty were convicted of Conspiracy to Commit Health Care Fraud, 18 U.S.C. 1349; Health Care Fraud, section 1347, and Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity, section 1957. Narang is an internist who practiced at his Texas self-owned clinic, North Cypress. Moparty co-owned Red Oak Hospital and served as an administrator for Trinity Health Network, which provided staffing and administrative services to health care entities. Narang ordered unnecessary medical tests for patients and then authorized Moparty to bill for these tests at the higher hospital rate even though these patients were seen and treated at Narang’s North Cypress office. The indictment alleged that this scheme resulted in fraudulent billing of over $20 million to Blue Cross Blue Shield, Aetna, and Cigna. Those companies paid Moparty at least $3.2 million in reimbursement for those claims which he allegedly split with Narang through a series of financial transactions.The court sentenced Moparty to 108 months and Narang to 121 months of imprisonment, with joint and several liability for $2,621,999.04 in restitution. The Fifth Circuit affirmed, rejecting challenges to the sufficiency of the evidence and finding that, although the government made repeated errors, those errors did not warrant reversal. View "United States v. Moparty" on Justia Law

In this insurance coverage dispute, at issue is who counts as an "employee" under the Texas Anti-Indemnity Act (TAIA). The Fifth Circuit certified the following question to Supreme Court of Texas: Whether the employee exception to the TAIA, Texas Insurance Code 151.103, allows additional insured coverage when an injured worker brings a personal injury claim against the additional insured (indemnitee), and the worker and the indemnitee are deemed "co-employees" of the indemnitor for purposes of the TWCA. View "Maxim Crane Works, LP v. Zurich American Insurance Co." on Justia Law