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

The Galveston County Commissioners Court is composed of four county commissioners, elected from single-member precincts, and one county judge, elected by the entire county. From 1991 to 2021, one of the four commissioner precincts had a majority-minority population, with blacks and Hispanics together accounting for 58 percent of the precinct’s total population as of 2020. In 2021, the Galveston County Commissioners Court enacted a new districting plan for county commissioner elections. The enacted plan does not contain a majority-minority precinct. Following a bench trial, the district court found that the enacted plan dilutes the voting power of the county’s black and Hispanic voters in violation of Section 2 of the Voting Rights Act.Galveston County appealed. The panel held that, under existing precedent, distinct minority groups like blacks and Hispanics may be aggregated for purposes of vote dilution claims under Section 2. However, disagreeing with the underlying legal analysis, the panel believed that such precedent should be overturned. Thus, the panel requested a poll for en banc hearing. View "Petteway v. Galveston County" on Justia Law

In April of 2022,the Bureau of Alcohol, Tobacco, Firearms,and Explosives (“ATF”)issued a Final Rule in which the terms “firearm” and “frame or receiver,” among others, were given “an updated, more comprehensive definition. The Final Rule was almost immediately the subject of litigation claiming that ATF had exceeded its statutory authority, including this case.The Plaintiffs claimed that portions of the Final Rule, which redefine “frame or receiver” and “firearm,” exceeded ATF’s congressionally mandated authority. The plaintiffs requested that the court hold unlawful and set aside the Final Rule, and that the court preliminarily and permanently enjoin the Government from enforcing or implementing the Final Rule. The district issued, and then expanded upon, a preliminary injunction before granting Plaintiffs' motion for summary judgment, vacating the Final Rule.The Fifth Circuit held that the two challenged portions of the Final Rule exceeded ATF's authority.At this point, all that remained before the court was whether the appeal of the district court’s final judgment vacating the Final Rule in its entirety. In reviewing the district court's vacatur of the entire Final Rule, the court vacated the vactur order, remanding for further consideration of the remedy, considering the court’s holding on the merits. View "VanDerStok v. Garland" on Justia Law

Plaintiff Jane Doe AW, a former criminal clerk in the Burleson County Attorney’s Office, alleged that Burleson County Judge Mike Sutherland used his power and authority as a county judge to sexually assault her on several occasions. Doe claimed that Sutherland sexually assaulted her once in his restaurant, Funky Junky, LLC (“Funky Junky”), and twice in his office. According to Doe, when she complained to Sutherland about the abuse, she was terminated from her job. The district court entered final judgment, ordering that Doe take nothing against Burleson County. Doe timely appealed the judgment. Doe raised three issues on appeal: (1) whether Sutherland, as the Burleson County Judge, was a policymaker with final decision-making authority for Burleson County with respect to Doe’s claim; (2) whether the Magistrate Judge abused her discretion when she reversed and vacated a prior order on a dispositive motion; and (3) whether the Magistrate Judge erred in indicating that she would deny a party’s challenge for cause unless the parties agreed on the challenge.   The Fifth Circuit affirmed. The court explained that despite his position as County Judge, Sutherland lacked the requisite policymaking authority to hold Burleson County liable for his alleged sexual misconduct. Monell requires that “the municipal official . . . possess final policymaking authority for the action in question.” The court wrote that even if the Texas constitutional provision gave Sutherland, as County Judge, broad ability to oversee operations in the county, this authority is immaterial because Doe fails to establish that Sutherland possessed the requisite authority as it relates specifically to the alleged sexual abuse. View "Doe AW v. Burleson County, TX" on Justia Law

Plaintiffs were injured in an auto accident and brought product liability claims against the vehicle’s manufacturer. In the course of litigation, the manufacturer moved to exclude Plaintiffs’ two liability experts, moved for a new trial and a judgment as a matter of law, and objected to the denial of a jury instruction regarding the presumption of nonliability (“the presumption”). Ultimately, the manufacturer was found liable and ordered to pay nearly $5 million in damages.On appeal, the manufacturer argued the district court erred in denying the motions and rejecting the requested instruction. The Fifth Circuit affirmed, finding that Plaintiffs’ experts based their opinions on reliable methodologies and provided relevant, helpful testimony. View "Kim v. American Honda Motor" on Justia Law

Using a blocked number, an anonymous individual twice called 9-1-1 in Abilene, Texas, relaying a serious threat of gun violence against officers and an alleged hostage while providing his location. Abilene Police responded, only to find the apartment occupied by Plaintiff and his dog, with no hostage or lethal firearm in sight. Plaintiff was detained, taken to the police station, and ultimately released when an investigation proved inconclusive. Weeks later, Plaintiff was charged with making a false report, though the charges were eventually dropped. Plaintiff subsequently sued three individuals involved in his arrest and prosecution as well as Taylor County, Texas. Each defendant moved for summary judgment, with the individuals asserting qualified immunity. The district court granted the Defendants’ motions.   The Fifth Circuit affirmed in part and reversed in part. The court affirmed the district court’s order regarding the exclusion of the affidavits, the dismissal of Plaintiff’s First Amendment claims against the officer and detective, and the dismissal of Plaintiff’s Fourth Amendment claims against all Defendants. The court reversed the district court’s order regarding Plaintiff’s Fourth Amendment claim against the officer. The court explained that the investigator is the only Taylor County employee involved in this suit, serving in the Taylor County District Attorney’s Office. Plaintiff’s suit against Taylor County is, therefore, wholly premised on the investigator’s alleged wrongdoing. Affirming the district court’s grant of summary judgment on Plaintiff’s Fourth Amendment claim against the investigator vitiates Plaintiff’s Monell claim. View "Reitz v. Woods" on Justia Law

The Securities and Exchange Commission (“SEC”) adopted a rule requiring issuers to report day-to-day share repurchase data once a quarter and to disclose the reason why the issuer repurchased shares of its own stock. Despite Petitioners’ comments, however, the SEC maintained that many of the effects of the daily disclosure requirement could not be quantified. Petitioners filed a petition for review of the final rule.   The Fifth Circuit granted the petition for review and remanded with direction to the SEC to correct the defects in the rule within 30 days of this opinion. The court found that the e SEC’s notice and comment period satisfies the APA’s requirements. However, the court held that the SEC acted arbitrarily and capriciously, in violation of the APA, when it failed to respond to Petitioners’ comments and failed to conduct a proper cost-benefit analysis. The court explained that almost every part of the SEC’s justification and explanation of the rule reflects the agency’s concern about opportunistic or improperly motivated buybacks. That error permeates—and therefore infects—the entire rule. The court explained that short of vacating the rule, it affords the agency limited time to remedy the deficiencies in the rule. View "Chamber of Com of the USA v. SEC" on Justia Law

A writ of mandamus is reserved for extraordinary circumstances. TikTok, Incorporated, and various related entities contend that the district court’s denial of their motion to transfer to the Northern District of California was so patently erroneous that this rare form of relief is warranted. The district court denied Petitioners’ motion to transfer after finding that five of the eight factors were neutral, and three weighed against transferring to California.The Fifth Circuit granted the petition for writ of mandamus, finding that denying Petitioners’ motion to transfer was a clear abuse of discretion. The court explained that in the district court’s view, Petitioners’ large presence in the Western District of Texas raises an “extremely plausible and reasonable inference” that these employees possess some relevant documents. But the district court cannot rely on the mere fact that Petitioners have a general presence in the Western District of Texas because Volkswagen commands courts to assess its eight factors considering the circumstances of the specific case at issue. Further, the court explained that under Volkswagen’s 100-mile threshold, the Northern District of California is a clearly more convenient venue for most relevant witnesses in this case. The district court committed a clear abuse of discretion in concluding otherwise. View "In Re: TikTok, Inc." on Justia Law

Antero Resources, Corp., an oil and gas production company, sued a former employee (“Appellant”)  for breach of fiduciary duty, alleging that Appellant abused his position of operations supervisor to award service contracts to companies owned by his close friend Tommy Robertson. Antero also alleged that, after winning the contracts, Robertson’s companies deliberately delayed providing “drillout” operations, resulting in millions of dollars of overbilling. A jury found Appellant liable in the amount of $11,897,689.39, which consists of $11,112,140.00 in damages and $775,549.39 as recoupment for the value Appellant received as a result of the breach. The district court entered a final judgment in the same amount, along with post-judgment interest. The district court ordered Appellant to pay pre-judgment interest and to forfeit 130,170 shares of stock in Antero Midstream. Appellant challenged the judgment on two bases.   The Fifth Circuit concluded that sufficient evidence supported the jury’s finding on damages. The court further held that the district court’s decision to deny Appellant the opportunity to pursue post-trial discovery was an abuse of discretion. The court explained that discovery is procedural; federal law governs the question of whether a party is entitled to take post-trial discovery. Discovery after evidence has closed is typically reserved for situations where the trial reveals a new basis for seeking further information. Accordingly, the court vacated the order denying Appellant’s motion to amend the judgment. The court remanded to reconsider whether to allow Appellant to pursue discovery relating to Antero’s settlement with the Robertson companies and whether to offset the judgment in light of that settlement. View "Antero Resources v. Kawcak" on Justia Law

In 2010, Petitioner was convicted of three counts of juvenile molestation in violation of La. Rev. Stat. Section 14:81.2. Petitioner appealed of the denial of his Section 2254 petition challenging those convictions and his sentence—specifically, his claim on appeal that the evidence at trial was legally insufficient for a conviction on the last count.   The Fifth Circuit affirmed the district court’s denial of his Section 2254 petition. The court wrote that it did not find that the state court was objectively unreasonable in rejecting Petitioner’s claim that there was insufficient evidence to convict him on Count III. The court explained that the evidence was clearly sufficient for a rational jury to find that the described acts were “lewd and lascivious”—and Petitioner’s alternative explanations do not disturb this conclusion. Petitioner’s counsel’s argument, for instance, that it can be normal for adults to “squeeze and pinch” a child’s behind under their clothes flies in the face of common sense. Petitioner provided examples of when such behavior might occur—such as when a child needs help with the restroom—are far afield of the facts before the court. Equally unavailing is counsel’s suggestion that acts must be painful in order to be obscene or indecent. Finally, Petitioner contends that the evidence was insufficient to establish that any molestation occurred in Louisiana as opposed to Mississippi. The court explained that the place of the crime is not an element of the offense of molestation of a juvenile under Louisiana law. View "Terry v. Hooper" on Justia Law

In July 2021, Texas Governor Greg Abbott issued an executive order that prohibited private individuals from providing ground transportation to migrants who were previously detained or subject to expulsion. The United States brought a lawsuit against Governor Abbott and the State of Texas, arguing that the executive order was preempted by federal law. Three nonprofit organizations and a retired lawyer also brought a Section 1983 suit against the Governor and the Director of the Texas Department of Public Safety (“DPS”). The defendants moved to dismiss the suit brought by the private plaintiffs, arguing in part that the plaintiffs lacked standing and the suit against the Governor was barred by sovereign immunity. The district court rejected these arguments, and Governor Abbott appealed.   The Fifth Circuit agreed with the Governor that sovereign immunity bars the lawsuit brought by the private plaintiffs. The court explained Section 411.012 does not imbue the Governor with the “particular duty to enforce” the Executive Order. Second, even if the Governor had a particular duty to enforce GA-37 by commandeering DPS, he has not “demonstrated [a] willingness to exercise that duty.” Third, the Governor’s enforcement directive to DPS should have been sufficient to remove the Governor from this suit. Fourth, the court explained that if Plaintiffs want to show that the Governor silently invoked Section 411.012 and implicitly commandeered a state agency, they must plead facts to support that inference. Thus, the court held that sovereign immunity bars the private Plaintiffs’ suit against the Governor. View "USA v. Abbott" on Justia Law