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

In 2017, Dr. Oscar Lightner opened Jomori Health and Wellness in Houston, Texas, where he prescribed controlled substances to 97% of his patients, often without proper examinations. Many patients were brought in by "runners" who paid fees to reserve spots and later resold the prescribed pills. Andres Martinez, Jr., the office manager, collected these payments. Both Lightner and Martinez were indicted on drug-related charges under the Controlled Substances Act and pleaded not guilty.The United States District Court for the Southern District of Texas conducted a five-day trial, after which the jury found both defendants guilty on all counts. The district court sentenced each to 84 months of imprisonment. Martinez and Lightner appealed their convictions and sentences.The United States Court of Appeals for the Fifth Circuit reviewed the case. Martinez challenged the sufficiency of the evidence for his convictions, but the court found the evidence sufficient to support the jury's verdicts. The court noted that Martinez's involvement with runners and his knowledge of Lightner's prescribing practices indicated his participation in the conspiracy. The court also upheld Martinez's conviction under Pinkerton liability for the substantive count.Lightner raised several issues on appeal, including the jury instructions, alleged spoliation of evidence, and the denial of a motion to strike a witness's testimony. The court found that while the jury instructions contained an error, it did not affect Lightner's substantial rights due to the ample evidence of his unlawful prescribing practices. The court also found no abuse of discretion in the district court's handling of the spoliation claim and the witness testimony.Regarding sentencing, the court upheld the district court's calculations of drug weight and the application of enhancements for maintaining a premises for drug distribution and for Lightner's leadership role in the conspiracy. The court affirmed the district court's judgment in all respects. View "United States v. Martinez" on Justia Law

ExxonMobil Technology and Engineering Company (Exxon) operates a research facility in New Jersey where approximately 165 employees are represented by the Independent Laboratory Employees Union (the Union). The collective bargaining agreement (CBA) between Exxon and the Union expired in May 2018. During negotiations for a new CBA, disputes arose over Exxon’s personal time off (PTO) policies and paid parental leave (PPTO). The Union wanted to restore a policy allowing supervisors to review PTO requests and sought eight weeks of PPTO for its members. Exxon refused to negotiate on these issues, citing concerns over inconsistencies and potential grievances.An administrative law judge (ALJ) found that Exxon violated the National Labor Relations Act by refusing to bargain in good faith on the supervisor PTO review issue, retaliating against the Union for past grievances, and suggesting that employees would receive PPTO if they decertified the Union. The National Labor Relations Board (NLRB) initially reversed the ALJ’s findings in a 2020 decision. However, it was later discovered that a Board member involved in the decision had a conflict of interest, leading the NLRB to vacate the 2020 decision and reconsider the case.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the NLRB did not abuse its discretion in vacating the 2020 decision due to the conflict of interest. The court also upheld the NLRB’s findings that Exxon refused to bargain in good faith on the supervisor PTO review issue and retaliated against the Union for past grievances. Additionally, the court supported the NLRB’s conclusion that Exxon unlawfully suggested employees would receive PPTO if they left the Union. The court denied Exxon’s petition for review and granted the NLRB’s cross-petition for enforcement of its order. View "ExxonMobil v. National Labor Relations Board" on Justia Law

Doctors Scott Sullivan and Frank DellaCroce, along with their associated business entities, entered into a turnkey agreement with Stewart Feldman and his associated entities to pool their risks through certain insurance arrangements. The agreement included an arbitration provision. The doctors later alleged that Feldman and his entities misled them about the insurance arrangements and failed to wind down the insurance entities upon request, leading to multiple arbitration proceedings.The United States District Court for the Southern District of Texas was involved in compelling and managing these arbitrations. The court initially allowed multiple arbitrations to proceed simultaneously and later confirmed four arbitration awards, despite their inconsistencies. The district court also issued a stay order to prevent further arbitrations until the existing ones were resolved.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the Glasser, Baker, and Kutcher arbitration awards, finding no grounds under the Federal Arbitration Act to vacate them. The court also affirmed in part the Jones arbitration award but reversed it in part concerning defendant Jeff Carlson, who was not bound by the arbitration agreement. The court vacated and remanded the district court’s order staying further arbitrations, allowing the parties to resolve the inconsistencies among the awards through additional arbitration if they choose. View "Sullivan v. Feldman" on Justia Law

Tracy Langiano alleged that he was shot and injured by Officer Landon Rollins in violation of the Fourth Amendment and that the City of Fort Worth’s policies contributed to this violation. Langiano was accused of sexually abusing his step-granddaughters and left his home after writing a suicide note. He checked into a motel with a loaded handgun, intending to kill himself. His son informed the police about the suicide note and the handgun. Police located Langiano at the motel, and Officer Rollins, without knocking, entered the room. Rollins claimed Langiano pointed a gun at him, prompting Rollins to shoot Langiano multiple times. Langiano disputed pointing the gun at Rollins but admitted holding it.The United States District Court for the Northern District of Texas denied Langiano’s motion to stay the civil suit while criminal charges were pending. The court granted summary judgment in favor of Officer Rollins and the City of Fort Worth, dismissing Langiano’s civil suit. Langiano appealed the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the district court did not abuse its discretion in denying the stay, as Langiano did not demonstrate substantial and irreparable prejudice. The court also affirmed the summary judgment in favor of Officer Rollins, finding that Rollins’ use of force was reasonable given the circumstances and that Langiano’s Fourth Amendment rights were not violated. Additionally, the court held that the warrantless entry into the motel room was justified due to the exigent circumstances of Langiano being armed and suicidal. The court also affirmed the summary judgment in favor of the City, as there was no constitutional violation to support a Monell claim. The district court’s judgment was affirmed. View "Langiano v. City of Fort Worth" on Justia Law

Kafi, Inc. ("Kafi") owns a residential property in League City, Texas, which it purchased from Joe and Kelly Richardson in September 2020. The Richardsons had financed the property with a loan from Sand Canyon Corporation in 2006, secured by an Adjustable Rate Note and a Deed of Trust. Sand Canyon transferred its interest in the loan to Wells Fargo Bank, N.A. ("Wells Fargo") in October 2006. Kafi challenged Wells Fargo's right to foreclose on the property, claiming the assignment of the Deed of Trust was forged. Kafi also sought equitable redemption, arguing it should be allowed to pay off any valid liens before foreclosure.The case was initially filed in Texas state court and then removed to the United States District Court for the Southern District of Texas. The district court dismissed Kafi's claims against Sand Canyon and Nationwide Title Clearing, Inc., and dismissed Kafi's standalone forgery claim and claim for exemplary damages. The court allowed Kafi's claims for declaratory relief, quiet title, and equitable redemption to proceed. Wells Fargo and PHH Mortgage Corporation filed a motion for summary judgment, which the district court granted, dismissing Kafi's remaining claims.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's ruling that Wells Fargo, as the holder of the Note, had standing to foreclose on the property under Texas law, regardless of the alleged forgery in the assignment of the Deed of Trust. The court also upheld the dismissal of Kafi's equitable redemption claim, noting that Kafi failed to provide sufficient evidence that it was ready, willing, and able to pay the redemption amount. The court emphasized that Kafi's declaration, which stated it was ready, able, or willing to redeem the property, was insufficient to meet the conjunctive requirement of being ready, willing, and able. Thus, the Fifth Circuit affirmed the district court's summary judgment in favor of Wells Fargo. View "Kafi, Inc. v. Wells Fargo Bank" on Justia Law

Plaintiffs Clifford Osborne and Deborah Olsen sued their former landlord, Kevin Belton, for disability discrimination and retaliation under the Fair Housing Act (FHA) and the Louisiana Equal Housing Opportunity Act (LEHOA). The dispute arose when Belton, who initially allowed the plaintiffs to keep a dog temporarily, later prohibited the dog and threatened eviction. Despite Osborne providing a letter from his physician stating the need for a service dog due to mental health issues, Belton refused to accept it and proceeded with eviction, which was granted by a Louisiana justice of the peace court.In early 2020, Osborne and Olsen filed a lawsuit in the United States District Court for the Western District of Louisiana. They moved for summary judgment, which Belton did not oppose, leading the district court to grant the motion in August 2022. Belton subsequently filed a Rule 60(b) motion for relief from the judgment nearly a year later, which the district court denied. He then filed a Rule 59(e) motion for reconsideration of the denial of his Rule 60(b) motion, which was also denied.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court determined that it had jurisdiction to review only the order denying Belton’s Rule 60(b) motion, as the notice of appeal was timely for this order but not for the underlying summary judgment. The Fifth Circuit held that the district court did not abuse its discretion in denying the Rule 60(b) motion, as Belton failed to establish grounds for relief such as excusable neglect, newly discovered evidence, fraud, or a void judgment. Consequently, the Fifth Circuit affirmed the district court’s denial of Belton’s Rule 60(b) motion. View "Osborne v. Belton" on Justia Law

David Wood was convicted of capital murder and sentenced to death in 1992 for the brutal murders of six females in 1987. The victims were found buried near El Paso, and evidence indicated that Wood had sexually assaulted them before killing them. Wood's conviction and sentence were affirmed by the Texas Court of Criminal Appeals (CCA). Over the years, Wood pursued extensive litigation in state and federal courts, including multiple motions for post-conviction DNA testing under Chapter 64 of the Texas Code of Criminal Procedure. The trial court granted some of his motions, but the results did not exonerate him. Subsequent motions were denied, and the CCA affirmed these denials, concluding that Wood had engaged in a pattern of piecemeal litigation and delay.Wood then filed a 42 U.S.C. § 1983 suit in the United States District Court for the Western District of Texas, alleging that the CCA's construction of Chapter 64 violated his procedural due process rights. He claimed that the CCA's consistent denial of DNA testing rendered the state-created testing right illusory and that the CCA's interpretation of the statute's unreasonable-delay provision was novel and unforeseeable. The district court dismissed Wood's complaint and denied his motion to stay his execution.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that Wood lacked standing for his first claim because a favorable ruling would not substantially likely lead to DNA testing. For his second claim, the court found it meritless, as the CCA's interpretation of the unreasonable-delay provision was neither novel nor unforeseeable. Consequently, the Fifth Circuit affirmed the district court's order and judgment and denied Wood's renewed motion to stay his execution. View "Wood v. Patton" on Justia Law

From 2009 to 2015, Clarence Roland engaged in a scheme to defraud mortgage lenders and title insurance companies by using aliases, fake businesses, and fraudulent documents. He promised homeowners facing foreclosure that he could help them eliminate their mortgages. Instead, he transferred property ownership to his shell entities, created fake mortgages, and sold the properties to unsuspecting buyers. Roland used fraudulent notary stamps and signatures to make these transactions appear legitimate.A jury in the United States District Court for the Southern District of Texas convicted Roland of conspiracy to commit wire fraud, wire fraud, and engaging in monetary transactions over $10,000 derived from unlawful activity. He was sentenced to ten years in prison, ordered to pay restitution of over $3 million, forfeit nearly $2 million, and assessed a $1,000 special assessment.The United States Court of Appeals for the Fifth Circuit reviewed Roland's appeal, where he raised several issues. He argued that the district court erred by admitting evidence of his and his co-conspirator’s prior convictions, limiting his good-faith defense, and denying his request for expert-witness funding. He also claimed that his conduct was not criminal and highlighted a clerical error regarding the special assessment.The Fifth Circuit found no reversible error in the district court's evidentiary rulings, determining that the admission of prior convictions was not plain error and that the limitations on Roland's good-faith defense were either appropriate or harmless. The court also upheld the denial of expert-witness funding, noting Roland's failure to make a formal request. The court agreed with Roland on the clerical error and modified the judgment to remove the $1,000 special assessment. In all other respects, Roland's conviction was affirmed. View "United States v. Roland" on Justia Law

In January 2023, law enforcement executed a search warrant at Juan David Cisneros's residence, resulting from a narcotics investigation. They found ammunition in his bedroom but no drugs or firearms attributable to him. Cisneros admitted to using the ammunition previously but claimed his mother-in-law purchased it. He was charged with possessing ammunition as a convicted felon under 18 U.S.C. § 922(g)(1).The United States District Court for the Southern District of Texas denied Cisneros's motion to dismiss the indictment, which argued that § 922(g)(1) was unconstitutional under the Second Amendment and exceeded Congress's power under the Commerce Clause. Cisneros pleaded guilty but reserved the right to appeal on Second Amendment grounds. The court adopted the Presentence Investigation Report, which included a four-level enhancement for possessing ammunition in connection with drug trafficking, and sentenced him to ninety-six months in prison.The United States Court of Appeals for the Fifth Circuit reviewed the case. Cisneros's facial challenge to § 922(g)(1) was foreclosed by precedent, and his as-applied challenge failed under plain error review. The court affirmed his conviction, finding no clear or obvious error in the application of § 922(g)(1) under the Second Amendment.However, the court found that the district court plainly erred in applying the sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing ammunition in connection with another felony offense. The court noted that there was no evidence the ammunition facilitated drug trafficking, as required by precedent. This error affected Cisneros's substantial rights, as it likely resulted in a longer sentence. Consequently, the Fifth Circuit vacated Cisneros's sentence and remanded for resentencing. View "United States v. Cisneros" on Justia Law

Space Exploration Technologies Corp. (SpaceX) operates a space launch business and a global satellite-based internet service called Starlink. In June 2022, a group of SpaceX employees sent an open letter demanding certain actions from the company and solicited support through a survey. SpaceX discharged four employees involved in the letter's distribution for violating company policies. Additional employees were later discharged for lying during a leak investigation and for unrelated performance issues. These employees filed charges with the National Labor Relations Board (NLRB) in November 2022, alleging violations of the National Labor Relations Act.The NLRB Regional Director found merit in the claims and issued an order consolidating the employees' cases with a hearing set for March 2024. SpaceX sued the NLRB in the Southern District of Texas (SDTX) in January 2024, challenging the NLRB's structure as unconstitutional and seeking declaratory and injunctive relief. The NLRB moved to transfer the case to the Central District of California (CDCA), arguing improper venue. The SDTX granted the transfer motion in February 2024. SpaceX petitioned for an emergency writ of mandamus to vacate the transfer order, which was initially stayed but later denied.The United States Court of Appeals for the Fifth Circuit reviewed the case. SpaceX argued that the district court effectively denied its motion for a preliminary injunction by failing to rule on it by May 2, 2024. The Fifth Circuit found that SpaceX did not demonstrate the "serious, perhaps irreparable, consequence" required for an immediate appeal. The court noted that participating in the administrative proceeding did not constitute irreparable harm and that the district court did not act unreasonably in waiting to resolve procedural challenges. Consequently, the Fifth Circuit dismissed SpaceX's appeal for lack of subject-matter jurisdiction. View "Space Exploration Technologies Corp. v. National Labor Relations Board" on Justia Law