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

The Fifth Circuit held that a car manufacturer's transfer of a vehicle to a dealer counts as a "sale of the product" that triggers the statute of repose. The court also held that the statutory rule that a period of minority is "not included in a limitations period" does not toll the statute of repose.The court affirmed the district court's judgment that the statute of repose bars plaintiffs' products liability action against Ford under Texas law. Ford argued that plaintiffs' claims were barred by section 16.012(b) of the Texas Civil Practice and Remedies Code, the 15-year statute of repose for products-liability claims. The district court granted Ford's motion. In this case, the statute of repose began running on October 6, 2003, rendering this lawsuit, filed more than fifteen years later on January 10, 2019, untimely. Furthermore, the minor plaintiff's claims are also barred by the statute of repose. View "Camacho v. Ford Motor Co." on Justia Law

The Fifth Circuit reversed the district court's order denying Polyflow's motion to compel arbitration with Specialty and its president. After determining that there is federal jurisdiction under a "look-through" analysis, the court concluded that the district court erred by denying the motion to compel arbitration in a single-sentence order without analysis.Applying the strong presumption in favor of arbitrability, the court concluded that the arbitration language in the parties' settlement agreement is broad. The court then applied a claim-by-claim review and concluded that it reinforces the contract's language. The court explained that the bulk of Specialty's arguments to the contrary are for an arbitrator to review. The court answered the question of law and concluded that Polyflow did not waive arbitration by availing itself to the judicial process. Accordingly, the court remanded with instructions that the parties be ordered into arbitration. View "Polyflow, LLC v. Specialty RTP, LLC" on Justia Law

The Fifth Circuit affirmed defendant's sentence for wire fraud, concluding that the district court did not improperly consider defendant's socio-economic status. Rather, the court considered only defendant's "good" childhood and upbringing in justifying the upward variance. In this case, the district court considered that defendant did not grow "up in abject poverty" or "surrounded by violence," and it considered his parents' occupations in law enforcement. The court explained that these considerations do not constitute defendant's socioeconomic status, but are part of his background. View "United States v. Burney" on Justia Law

After Wells Fargo foreclosed on plaintiffs' home, they filed suit to set aside the foreclosure sale, to cancel the trustee’s deed, to quiet title, and for trespass to try title (collectively, the foreclosure-sale claims). Plaintiffs also filed claims for alleged violations of the Texas Debt Collection Act (TDCA), Texas Financial Code sections 392.301(a)(8) and 392.304(a)(8), and of their due process rights. Alternatively, plaintiffs asserted claims for breach of contract, unjust enrichment, and money had and received.The Fifth Circuit affirmed the district court's grant of summary judgment on the foreclosure-sale claims where the undisputed evidence shows that Wells Fargo properly served notice; affirmed the district court's grant of summary judgment on the due process claim where it was not only untimely, but also inextricably tied to the non-meritorious foreclosure-sale claims; and dismissed the remaining claims. In this case, Wells Fargo was not prohibited by law from foreclosing and the district court did not err in dismissing this TDCA claim; Wells Fargo did not violate the Texas Finance Code; and the claims for breach of contract, unjust enrichment, and money had and received are unpersuasive. View "Douglas v. Wells Fargo Bank, N.A." on Justia Law

This case is related to a consent decree that was aimed at making improvements to Texas's implementation of Medicaid's Early and Periodic Screening, Diagnosis, and Treatment program. Plaintiffs challenge the district court's determination that, despite their status as a "prevailing party" under 42 U.S.C. 1988, they are not entitled to fees. Plaintiffs appeal the district court's underlying judgment and its subsequent denial of their motion to reconsider.The Fifth Circuit concluded that, because plaintiffs failed timely to appeal the underlying judgment, the court lacks jurisdiction to review it. Accordingly, the court dismissed that portion of the appeal. The court concluded that the denial of the motion for reconsideration is properly before the court. The court explained that, although the district court construed that motion under the incorrect Federal Rule of Civil Procedure, it nonetheless reached the proper result. In this case, the district court erred by construing the motion as arising from Federal Rule of Civil Procedure 54(b). Rather, Rule 59(e) was the proper procedural mechanism under which the district court ought to have considered the motion to reconsider. However, the error was harmless because Rule 59(e) provides a lower threshold for a movant to prevail. Accordingly, the court affirmed the judgment. View "Frew v. Young" on Justia Law

Shortly after COVID-19 struck the Wallace Pack Unit, plaintiffs filed suit seeking injunctive relief on behalf of three certified classes of inmate for violations of the Eighth Amendment, the Americans with Disabilities Act (ADA), and the Rehabilitation Act. Specifically, plaintiffs alleged that defendants acted with deliberate indifference to their health and safety in violation of the Eighth Amendment in light of the dangers of COVID-19 for a geriatric prison population, and that defendants violated the ADA and Rehabilitation Act by failing to accommodate for specific risks to wheelchair-bound and other mobility-impaired inmates.On April 16, 2020, the district court entered a preliminary injunction which was stayed by the Fifth Circuit on April 22 and then vacated on June 5. On September 29, 2020, the district court issued a permanent injunction, concluding that plaintiffs did not need to exhaust administrative remedies; defendants were deliberately indifferent; and defendants violated the ADA and the Rehabilitation Act.The Fifth Circuit reversed the district court's permanent injunction and rendered judgment for defendants. The court concluded that the prison officials were not deliberately indifferent based on a lack of a systemic approach. After considering Policy B-14.52, its unwritten additions, and its administration, the court explained that the record does not support a finding of deliberate indifference in the way the officials considered and adopted a response to COVID-19. The court also concluded that the prison officials were not deliberately indifferent based on a failure to abide by basic public health guidance regarding testing, social distancing, mask use, handwashing, sanitation, and cleaning. Finally, the court concluded that the mobility-impaired inmates failed to establish their prima facie ADA claim, and consequently their Rehabilitation Act claim. View "Valentine v. Collier" on Justia Law

The Fifth Circuit affirmed defendant's 60 month sentence imposed after he pleaded guilty to illegal reentry after removal from the United States in violation of 8 U.S.C. 1326(a) and (b)(1). In this case, the parties agree that the district court committed ex post factor error under United States v. Martinez-Ovalle, 956 F.3d 289 (5th Cir. 2020), when it applied the more onerous 2018 Guidelines in effect at the time of defendant's sentencing, rather than the more lenient 2016 Guidelines in effect at the time of his illegal reentry offense.The court concluded that the government has satisfied its heavy burden of proving that the district court's ex post facto error was harmless. The court also concluded that defendant failed to show that the district court committed any error, much less clear or obvious error, affecting his substantial rights in its reliance on the presentence report's description of defendant's sexual assault arrest where it was not a "bare arrest record." View "United States v. Reyna-Aragon" on Justia Law

Petitioners filed a petition for review challenging the EPA's 2017 Rule, "Promulgation of Air Quality Implementation Plans; State of Texas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan." Petitioners also sought reconsideration of the 2017 Rule, contending that the 2017 Rule was adopted without following notice and comment requirements and that it was unlawful, arbitrary, and capricious in various ways. Petitioners and the EPA then filed a joint motion requesting the petition for review of the 2017 rule be held in abeyance pending the EPA's resolution of the petition for reconsideration and the completion of any reconsideration process. The Fifth Circuit granted the motion. The EPA subsequently issued the 2020 Rule. Petitioners sought review of the 2020 Rule and filed a motion requesting the D.C. Circuit to confirm that venue was proper in that court. Respondent-Intervenors jointly moved for reconsideration of an order denying without prejudice their motion to confirm venue and order transferring this consolidated proceeding to the Court of Appeals for the D.C. Circuit.The Fifth Circuit explained that it has employed a "first-filed" rule, much like the rule set forth in 28 U.S.C. 2112, when faced with a competing challenge to the same administrative action in another court of appeals. The court concluded that the 2020 Rule should be the agency action relied upon for purposes of section 2112 and the "first-filed" rule. Because petitioners first filed their challenge to the 2020 Rule in the D.C. Circuit, that court should be the first to determine the venue question. Finally, Respondent-Intervenors can show no prejudice from the court's orders consolidating and transferring the consolidated cases. Therefore, the court denied the motion for reconsideration. View "National Parks Conservation Ass'n v. EPA" on Justia Law

The Fifth Circuit denied a petition for review of the BIA's decision denying petitioner's motion for reconsideration. Petitioner primarily argues that the Board did not adequately consider two declarations indicating that his counsel did not receive certain documents related to the proceedings. The court concluded that these declarations do not sufficiently rebut the presumption that his counsel received the documents the Board sent. Therefore, petitioner's argument that the Board should have reconsidered its decision in light of the declarations fails. Furthermore, petitioner's remaining arguments, which all stem from the alleged nonreceipt of documents and his alleged inability to file a responsive brief, also fail. View "Njilefac v. Garland" on Justia Law

Plaintiff filed suit against the DOE, alleging that the TEA had discharged her in retaliation for whistleblowing. Congress enacted a broad-based whistleblower protection program as part of the National Defense Authorization Act of 2013 (NDAA). The NDAA prohibits any recipient of federal dollars from retaliating against whistleblowers who report an abuse of that money.The Fifth Circuit granted the TEA's petition for review, vacated the offending order, and remanded for prompt entry of dismissal. The court agreed with the TEA that the DOE's investigation of plaintiff's complaint and award of damages violated Texas's sovereign immunity. The court explained that whistleblower-retaliation investigations into a state, like any other administrative proceedings brought by private parties, are barred by sovereign immunity. The court joined two other federal courts that have directly addressed the issue and held that the NDAA is not adequately clear for any waiver from sovereign immunity to be effective. Furthermore, the clarity required for a waiver of sovereign immunity to be "knowing" cannot be met by regulations clarifying an ambiguous statute. Rather, the needed clarity must come directly from the statute. View "Texas Education Agency v. United States Department of Education" on Justia Law