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Plaintiff filed suit against MSD in Louisiana state court under the Louisiana Products Liability Act for both the Atlantis Plate and an Infuse Bone Graft Device that was surgically implanted in his body. The Eighth Circuit affirmed the district court's grant of summary judgment on claims dealing with the Atlantis Plate, holding that the district court did not create manifest error by considering the malpractice complaint and that plaintiff did not meet his burden under the res ipsa loquitur doctrine. The court also affirmed the district court's denial of plaintiff's motion under Federal Rule of Civil Procedure 60, holding that the district court did not abuse its discretion in concluding that plaintiff and his attorney did not exercise due diligence in pursuing the discovery of documents dealing with the Verte-Stack or Progenix, and that MSD's actions in answering plaintiff's interrogatory and production request were in good faith. View "Lyles v. Medtronic, Inc." on Justia Law

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The Fifth Circuit granted movant's motion to stay the FDIC's order assessing a civil penalty against movant pending the resolution of the merits of the petition for review or further order of the court. Movant alleged, among other things, that the FDIC ALJ was an inferior "Officer of the United States" who holds his office in violation of the Appointments Clause. The court held that movant has established a likelihood of success on the merits of his Appointments Clause challenge, that irreparable harm would result absent a stay, and that both the balance of hardships and the public interest favor a stay. View "Burgess v. FDIC" on Justia Law

Posted in: Banking

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The Fifth Circuit denied defendant's motion to proceed in forma pauperis and dismissed his appeal as frivolous. Defendant asked the district court to reduce his sentence further according to Amendment 794 and challenged the district court's certification that his appeal was not taken in good faith. The court held that because Amendment 794 was not listed in USSG 1B1.10(d), the district court correctly determined that this amendment did not make defendant eligible for any sentencing reduction. View "United States v. Guerrero" on Justia Law

Posted in: Criminal Law

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The Texas Legislature enacted SB 5 in 2016 to cure any statutory and constitutional violations related to SB 14 after Veasey v. Abbott, 830 F.3d 216 (5th Cir. 2016) (en banc). The district court permanently enjoined the enforcement of relevant sections of SB 14 and SB 5 and also enjoined upcoming elections under an interim order. The Fifth Circuit granted a stay pending appeal, stayed the district court's injunction orders, and stayed proceedings in the district court until a final disposition of this appeal. In this case, SB 5 allows voters without qualifying photo ID to cast regular ballots by executing a declaration that they face a reasonable impediment to obtaining qualifying photo ID. The court explained that this declaration is made under the penalty of perjury, and each of the 27 voters identified—whose testimony the plaintiffs used to support their discriminatory-effect claim—can vote without impediment under SB 5. The court held that the State has made a strong showing that it is likely to succeed on the merits because its reasonable-impediment procedure remedies plaintiffs' alleged harm and foreclosed plaintiffs' injunctive relief. The State has also made an adequate showing as to the other factors considered in determining a stay pending appeal. View "Veasey v. Abbott" on Justia Law

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The Fifth Circuit reversed the district court's grant of summary judgment to the town in plaintiff's action alleging that he was entitled to notice and an opportunity to respond before being terminated as fire chief. The court held that the evidence was sufficient to preclude summary judgment on the question whether plaintiff was a member of the Louisiana civil service and entitled to due process before losing his job. The court remanded for further proceedings. View "Maurer v. Independence Town" on Justia Law

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The Fifth Circuit granted debtors' petition for panel rehearing and withdrew the previously filed opinion. The court denied debtors' petition for rehearing en banc. The court held that the bankruptcy court erred in ordering debtors to turn over the liquidated funds from an IRA to the trustee. In this case, the property interest was "withdrawn from the estate" when the exemptions were allowed, and there was no provision under which debtors' subsequently acquired interests in amounts distributed from the IRA could become part of the estate. Accordingly, the court reversed the bankruptcy court's order requiring debtors' to turn over the liquidated funds to the trustee and remanded for further proceedings. View "Hawk v. Engelhart" on Justia Law

Posted in: Bankruptcy

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Daewoo filed suit against AMT, seeking an order compelling AMT to arbitrate an attachment of pig iron, invoking both maritime attachment and the Louisiana non-resident attachment statute, La. Code Civ. Proc. art. 3542. After the district court's grant of Daewoo's attachment, TKM attached the same pig iron in Louisiana state court and intervened in the federal suit. The district court agreed with TKM and vacated Daewoo's attachment. The Fifth Circuit vacated, holding that Section 3502 allowed Daewoo to seek a Section 3542 attachment before commencing its confirmation proceeding, Daewoo followed Section 3502's requirements, and thus Daewoo's attachment was valid. The court remanded for further proceedings. View "Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar" on Justia Law

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The Fifth Circuit affirmed the district court's grant of summary judgment to defendants in an action under 42 U.S.C. 1983, alleging that plaintiff was subjected to unconstitutional strip searches while incarcerated at the Winn Correctional Center (WCC). In this case, the policies at issue were aimed at preventing the flow of contraband from the outside truck drivers and others to inmates in the Garment Factory and to the main prison, as well as to prevent the removal of items from the Garment Factory that could be used as weapons. The court held that plaintiff failed to rebut this reasonable justification of the strip and visual body searches and thus the district court did not err in granting summary judgment to defendants. The court also held that the LaDPSC and CCA internal rules and regulations did not alone create federally-protected rights and a prison official's failure to follow prison policies or regulations did not establish a violation of a constitutional right; rejected plaintiff's various challenges to discovery; and held that the district court did not abuse its discretion by dismissing the complaint against three named defendants based on failure to serve them properly. View "Lewis v. Secretary of Public Safety & Corrections" on Justia Law

Posted in: Criminal Law

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The Fifth Circuit affirmed the district court's determination that it lacked jurisdiction to consider debtor's appeal of the bankruptcy court's decision in debtor's adversary proceeding. The court also affirmed the bankruptcy court's decision to reopen his main bankruptcy proceeding to allow the DOE and ECMC to file proofs of claim. In this case, the amended statement of issues and designation of record could not fairly be called a notice of appeal within the meaning of Federal Rule of Bankruptcy Procedure 8003(3). Furthermore, allowing DOE and ECMC to reopen the main bankruptcy proceeding served to establish their standing in the adversary proceeding and enabled debtor, should he have prevailed, to obtain a discharge against the correct entities. Likewise, the bankruptcy court did not err by allowing DOE and ECMC to file proofs of claim. View "Dorsey v. US Department of Education" on Justia Law

Posted in: Bankruptcy

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Petitioners sought a writ of mandamus arising from an MDL proceeding involving more than 9,300 plaintiffs alleging product liability claims for designing, manufacturing, and distributing an allegedly defective hip-implant device. A majority of the Fifth Circuit denied the writ that petitioners sought to prohibit the district court from proceeding to trial on plaintiffs' cases. A different majority held that so-called Lexecon objections were not waived and that the district court abused its discretion in finding waiver; that petitioners have shown the required clear and indisputable right to a writ of mandamus; and that petitioners have established that a writ of mandamus was appropriate under the circumstances. In regard to the ultimate result, a majority of the court concluded that petitioners have not shown that they have no other adequate means to attain the relief they sought. A majority of the court requested the district court vacate its ruling on waiver and to withdraw its order for a trial. View "In Re: DePuy Orthopaedics, Inc." on Justia Law

Posted in: Products Liability