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

Kenleone Joe Nyandoro pleaded guilty to possessing a firearm while unlawfully using a controlled substance. He secured a plea deal allowing him to enter a rehabilitation program, with the charges to be dropped upon successful completion. However, Nyandoro was removed from the program after being arrested for fleeing from police. Consequently, the case proceeded to sentencing.The United States District Court for the Northern District of Texas denied Nyandoro's motion to withdraw his guilty plea, which he filed nearly ten months after entering it. He argued that the statute under which he pleaded guilty was unconstitutional. The district court found that the factors governing plea withdrawal did not favor Nyandoro and denied his motion. The court then sentenced him to 51 months’ imprisonment and three years of supervised release.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed Nyandoro's arguments. He contended that the district court should have allowed him to withdraw his plea and that the court should not have accepted the plea initially. The Fifth Circuit found that the district court did not abuse its discretion in denying the motion to withdraw the plea, as the factors considered did not support Nyandoro's position. Additionally, the court held that Nyandoro's appeal waiver, which was part of his plea agreement, barred his challenge to the district court's acceptance of his guilty plea. The waiver was found to be knowing and voluntary, and it encompassed his constitutional claims.The Fifth Circuit affirmed the district court’s judgment, upholding Nyandoro's conviction and sentence. View "United States v. Nyandoro" on Justia Law

In this case, Olivia Boone, on behalf of her autistic son K.A., challenged the Rankin County Public School District's decision to move K.A. to a new program at a different school without her consent. Boone filed a complaint with the Mississippi Department of Education, alleging that the school district violated the Individuals with Disabilities Education Act (IDEA) by unilaterally making the placement decision. A hearing officer found that the school district violated the IDEA and ordered relief but denied Boone's request for compensatory educational services. Boone then filed a suit seeking compensatory educational services and attorneys' fees.The United States District Court for the Southern District of Mississippi affirmed the hearing officer's decision, holding that Boone was entitled to attorneys' fees but not compensatory educational services. Boone appealed the denial of compensatory educational services, and the school district cross-appealed the finding that it violated the IDEA and the award of attorneys' fees.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's judgment. The court held that the school district denied K.A. a free appropriate public education by failing to individualize his education plan to address his elopement tendencies and by predetermining his placement without Boone's input. However, the court found that Boone did not prove that Brandon Middle School was not K.A.'s least restrictive environment. The court also held that Boone was not entitled to compensatory educational services, as the district court did not abuse its discretion in limiting relief to address Boone's primary concerns. Finally, the court affirmed that Boone was a prevailing party entitled to attorneys' fees, as the relief awarded altered the legal relationship between K.A. and the school district and fostered the purposes of the IDEA. View "Boone v. Rankin County" on Justia Law

A group of staffing companies in Texas challenged a memorandum issued by the former General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo. The memorandum outlined a plan to urge the NLRB to reverse its holding in a previous case, Babcock, which allowed employers to compel employees to attend meetings where they were urged to reject union representation. The staffing companies argued that the memorandum violated their First Amendment rights by restricting their speech about unionization and sought an injunction and declaratory judgment against its enforcement.The United States District Court for the Eastern District of Texas dismissed the case for lack of jurisdiction, stating that the plaintiffs were challenging unreviewable prosecutorial decisions by the NLRB General Counsel, that the NLRA's scheme precluded jurisdiction, and that the plaintiffs lacked standing. The staffing companies appealed, arguing that the district court erred in its dismissal and that they had standing because the memorandum applied to them and was a final agency action reviewable under the Administrative Procedure Act (APA).The United States Court of Appeals for the Fifth Circuit reviewed the case and found that the staffing companies lacked standing. The court noted that the plaintiffs had not provided evidence of a credible threat of enforcement of the memorandum causing them direct injury. The court also found that the plaintiffs did not demonstrate an intent to engage in conduct regulated by the memorandum, as there was no known unionization attempt at their businesses. The court concluded that the plaintiffs failed to establish a credible threat of enforcement or a substantial risk of future injury.The Fifth Circuit affirmed the district court's dismissal of the case for lack of standing. View "Burnett Specialists v. Cowen" 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

Ahmed Abdalla Allam was charged with possession of a firearm within 1,000 feet of school grounds, violating 18 U.S.C. § 922(q)(2)(A). Allam challenged the constitutionality of the statute under the Second Amendment, both facially and as applied to him. The district court rejected his challenges, and Allam subsequently pled guilty. He then appealed the denial of his as-applied challenge.The United States District Court for the Eastern District of Texas upheld the statute as constitutional, both facially and as applied to Allam, and denied his motion to dismiss. The court applied the framework from New York State Rifle & Pistol Assn., Inc. v. Bruen, finding no historical precursor to § 922(q)(2)(A) but concluded that late 19th-century prohibitions on possessing firearms in schools and near polling places were relevantly similar historical analogues. Following the denial of his motion, Allam pled guilty and was sentenced to 60 months in prison and three years of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court applied the Bruen framework, determining that the Second Amendment's plain text covered Allam's conduct. However, the court found that § 922(q)(2)(A) was consistent with the Nation's historical tradition of firearm regulation, particularly when considering historical laws like the Statute of Northampton and going-armed laws, which restricted carrying firearms in a manner that posed a threat to public safety. The court also considered historical firearm regulations in educational settings and buffer zones around polling places, which supported the constitutionality of disarming a visibly threatening individual near a school.The Fifth Circuit affirmed the district court's rejection of Allam's as-applied challenge and upheld his guilty-plea conviction. View "USA v. Allam" on Justia Law

Zaappaaz, an online retailer founded by Azim Makanojiya, sold personal protective equipment (PPE) during the COVID-19 pandemic. They advertised guaranteed same-day shipping and in-stock availability, but failed to deliver on these promises, leading to numerous customer complaints. Customers often did not receive their orders on time, even when paying extra for expedited shipping, and were told refunds were unavailable.The Federal Trade Commission (FTC) sued Zaappaaz for deceptive trade practices under the FTC Act and related regulations. The FTC sought $37,549,472.14 in damages, representing revenue from late or undelivered PPE orders. The magistrate judge recommended partial summary judgment on liability but found factual disputes regarding damages and injunctive relief. The district court adopted this recommendation and later granted the FTC's motion to establish certain facts, including Zaappaaz's net revenue from undelivered and unrefunded PPE orders.The United States District Court for the Southern District of Texas held a bench trial and awarded the FTC $37,549,472.14 in damages. This included $12,241,035.69 for undelivered and unrefunded orders and $25,308,436.45 for late shipments. The court implemented a redress plan for the latter amount, allowing consumers to seek refunds from the FTC, with unclaimed funds returned to Zaappaaz after 120 days.The United States Court of Appeals for the Fifth Circuit reviewed the case. It affirmed the $12,241,035.69 portion of the judgment, agreeing that the FTC had established this amount based on undisputed facts. However, it vacated the $25,308,436.45 portion, finding that the district court's award of full refunds for late shipments did not comply with the statutory requirement that the remedy be necessary to redress the injury and not punitive. The case was remanded for further proceedings consistent with this opinion. View "FTC v. ZAAPPAAZ" on Justia Law

Mark Hamilton, the former Chief of the Fire Department of Wilmer, Texas, was terminated after testifying at a probation revocation hearing for a former employee, Craig Lawrence, who had hidden recording devices in fire station bathrooms. Hamilton testified in uniform, drove a city car to the hearing, and did not take leave from work. He claimed his termination was in retaliation for his protected First Amendment activity.The United States District Court for the Northern District of Texas dismissed Hamilton's complaint under Federal Rule of Civil Procedure 12(b)(6). The court found that Hamilton did not state a claim for First Amendment retaliation, as his speech was not protected under the First Amendment. Hamilton appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court held that Hamilton did not speak as a citizen on a matter of public concern, as his testimony was given pursuant to his official duties as Fire Chief. The court also found that even if Hamilton's speech were protected, the City of Wilmer had adequate justification for treating him differently from any other member of the public due to his use of city resources and uniform during his testimony. The court affirmed the district court's dismissal of Hamilton's claims and denied his request for leave to amend his complaint, finding that any amendment would be futile. View "Hamilton v. City of Wilmer, Texas" on Justia Law

Jesus Yanez was hired by EchoStar Communications Corporation in 2001 and signed an arbitration agreement as part of his employment. Over the years, EchoStar underwent several corporate changes, including a name change to DISH Network Corporation and the creation of a new company, EchoStar Corporation. Yanez was terminated in 2018 and subsequently filed discrimination claims. After receiving right to sue letters, he sued in Texas state court, alleging age and nationality discrimination. The case was removed to federal court, where the district court granted a motion to compel arbitration and transferred the case. The arbitration proceeded slowly, and the district court eventually dismissed the case without prejudice due to the parties' failure to file a status report.The United States District Court for the Western District of Texas granted the motion to compel arbitration and stayed the case pending arbitration. The case was transferred to the Western District of Texas, El Paso division. The district court issued multiple show cause notices due to slow arbitration proceedings and ultimately dismissed the case without prejudice when the parties failed to file a required status report. Yanez filed a motion to alter or amend the judgment, which was denied by the district court, citing a recent Supreme Court decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's decision to compel arbitration, finding that the arbitration agreement was valid and enforceable under Texas law. However, the court reversed the district court's dismissal of the case, holding that the dismissal was effectively with prejudice due to the statute of limitations and did not meet the heightened standard required for dismissals with prejudice. The case was remanded for further proceedings consistent with the ruling. View "Yanez v. Dish Network" on Justia Law

Mary Reyes sued Equifax Information Services, L.L.C., alleging violations of the Fair Credit Reporting Act (FCRA) for continuing to report a delinquent Citibank credit card account after she disputed the charges as fraudulent. Reyes received text messages about suspicious charges on her Citibank account, which she reported to Citibank. Citibank canceled her card and issued a new one, transferring the disputed charges to the new account. Reyes disputed the charges with Citibank and filed police reports, but Citibank maintained the charges were valid. Reyes stopped making payments, and Citibank reported the unpaid balance to credit reporting agencies, including Equifax.The United States District Court for the Eastern District of Texas granted summary judgment in favor of Equifax, dismissing Reyes's claims. The court found that Reyes failed to present evidence showing that the information reported by Equifax was inaccurate, that Equifax failed to follow reasonable procedures or conduct a reasonable reinvestigation, and that Equifax caused her any damages. The court also concluded that Reyes's FCRA suit was an impermissible collateral attack on the validity of her debt with Citibank.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The Fifth Circuit held that inaccuracy is a threshold requirement for a claim under 15 U.S.C. § 1681i, and Reyes failed to show that the information reported by Equifax was inaccurate. The court also agreed that the FCRA does not provide a vehicle for challenging the legal validity of a debt by suing a credit reporting agency for accurately reporting that debt. The court concluded that consumer reporting agencies are not required to investigate the legal validity of disputed debts under the FCRA. View "Reyes v. Equifax" on Justia Law

Kenneth Anderson, Jr. was involved in a car accident in Harris County, Texas, and was found by Deputy Crystal Estrada in a drug-induced state. Anderson was initially compliant but later became uncooperative and resisted officers' attempts to secure him in a police vehicle. Deputy Mohanad Alobaidi used a taser in drive-stun mode on Anderson multiple times during the struggle. Anderson was later found unresponsive and pronounced dead at the hospital.The United States District Court for the Southern District of Texas dismissed several claims against the officers but allowed an excessive force claim against Alobaidi and bystander liability claims against the other officers to proceed. The officers appealed the denial of qualified immunity on these claims.The United States Court of Appeals for the Fifth Circuit reviewed the case and reversed the district court's decision. The appellate court held that Alobaidi's use of force was not objectively unreasonable given Anderson's active resistance, the seriousness of the DUI offense, and the threat posed to the officers. The court concluded that Alobaidi's actions were measured and proportional to Anderson's escalating resistance, and therefore did not violate Anderson's Fourth Amendment rights. Consequently, the bystander liability claims against the other officers were also dismissed. View "Anderson v. Estrada" on Justia Law