Alliance Liftboats: #5thCir denies mandamus after district court certified class of workers treated as overtime-exempt seamen in #FLSA claim: issues could be addressed on appeal; harm from litigation didn't justify relief #appellatesky #lawsky baffc.net/4sAQF2d
US v Mendez-Lozano: #5thCir finds defendant's appeal notice waived challenges to his convictions re holding illegal aliens hostage in trailer, affirms sentencing enhancement for leader/organizer #concur #USSG #criminallaw #appellatesky #lawsky baffc.net/4bhUtOR
Storey Minerals v EP Energy: #5thCir affirms denial of administrative expense claims, including #bankruptcy court's assessments of jurisdiction & application of #TXlaw governing construction of #oilandgas leases #appellatesky #lawsky baffc.net/4borgSD
Deras v Johnson & Johnson: #5thCir vacates orders denying motions to reopen case under FRCP 60b1 after dismissal for failure to retain local counsel w/in 14 days: district court improperly collapsed rules governing 41b and 60b #appellatesky #lawsky baffc.net/3Ndunoo
Ayestas v Harris County DA: #5thCir finds discovery order against DA appealable, vacates order, dismisses selective-prosecution claim as barred second/successive #habeas application, not w/in scope of FRCP 59e #dissent #appellatesky #lawsky baffc.net/4rqtYgj
US v Ponce: #5thCir affirms denial of motion to #suppress after #border patrol agent found undocumented woman inside SUV's speaker box: defendant consented to opening back hatch; officer had probable cause to open box #appellatesky #lawsky baffc.net/4dfrmOQ
Savage v LaSalle Management: #5thCir affirms exclusion of evidence/dismissal of case after 4 years of litigation, no significant discovery or case development, multiple continuances by plaintiff #civilprocedure #appellatesky #lawsky baffc.net/40q6kp9
Barber v Rounds: #5thCir, on claims re principal's prohibition of teacher's prayer, affirms denial of #qualifiedimmunity on #FirstAmendment free speech/free exercise claims, reverses on #14thAmendment disparate treatment claim #appellatesky #lawsky baffc.net/4bjtkLJ
Ferguson v Lockheed Martin: #5thCir reverses dismissal of #FalseClaimsAct suit: first-to-file bar didn't prevent #quitam action alleging different mechanism for #fraud across military aircraft programs #concur #dissent #TINA #appellatesky #lawsky baffc.net/4sDu6u2
Sambrano v United Airlines: #5thCir affirms certification order for subclass of @united employees who sought religious #accommodations from #COVID19 #vaccine mandate & received unpaid leave, rejecting other proposed subclasses #appellatesky #lawsky baffc.net/4bghZfj
Renteria v Grieg Star AS: #5thCir affirms summary judgment for vessel's technical manager on #maritime worker's claim of vessel #negligence: alleged defect was open & obvious; no active control by vessel #LHWCA #appellatesky #lawsky baffc.net/4rsl2Hu
US v Landrum: #5thCir affirms felon-in-possession conviction; on de novo review, holds 922(g)(1) isn't unconstitutionally vague; finds other challenges foreclosed by precedent #guns #2ndAmendment #criminallaw #appellatesky #lawsky baffc.net/4aSZui3
US v Ducksworth: #5thCir grants panel #rehearing, substitutes opinion affirming denial of motion to suppress #firearm found during traffic-stop pat-down of passenger after finding firearm on driver, who had denied possession #appellatesky #lawsky baffc.net/478pPq0
US v Delgado: #5thCir affirms bench-trial convictions of Border Patrol officer for depriving individual of rights under color of law (4thAmendment excessive force) & falsification of records #appellatetwitter #lawtwitter baffc.net/4co0Xhu
Anadarko v Alternative Environmental: #5thCir affirms in part: choice of law governs, #TXlaw applies, #indemnity provision covers claims, punitive/exemplary damages excluded from duty to indemnify, some attorney's fees vacated #appellatesky #lawsky baffc.net/4rV509W
US v Corona-Montano: #5thCir, on convictions for conspiracy to/transporting aliens, affirms sentence enhancement for transporting unaccompanied minor, holds Guidelines don't impose scienter requirement #USSG #criminallaw #appellatesky #lawsky baffc.net/3OVUWyK
Lewis v Walley: #5thCir substitutes opinion reversing denial of #qualifiedimmunity for detective: no showing detective committed clearly established #4thAmendment violation in second-hand viewing of receipt on cell phone #appellatesky #lawsky baffc.net/4aKnKmv
Battieste v US: #5thCir affirms dismissal of #FTCA #medmalpractice claim for unauthorized surgery at #VA hospital as barred by MS 7-yr statute of repose #MSlaw #appellatesky #lawsky baffc.net/4rL227K
Perez v San Antonio: #5thCir denies #rehearingenbanc 11/6 after panel affirms denial of Lipan-Apache Native American Church members' request to enjoin tree removal/interference w/cormorant nesting in public park #dissent #appellatesky #lawsky baffc.net/4aIN64a
Voice of the Experienced v LeBlanc: #5thCir, in case re heat on #Angola farm line, denies #rehearingenbanc 11/6 after panel dismissed appeal as moot due to expiration of prelim injunction under #PLRA; #dissent rebukes #concur #appellatesky #lawsky baffc.net/4bj3t7C
USPS v Konan: #SCOTUS 5/4 vacates #5thCir, resolves #circuitsplit: US retains #sovereignimmunity for intentional nondelivery of mail because "miscarriage" & "loss" of mail under #FTCA postal exception can occur as a result #appellatesky #lawsky baffc.net/4r3iQWG
Hain Celestial v Palmquist: #SCOTUS affirms #5thCir decision vacating judgment for defendant: in case removed from state court, erroneous dismissal of non-diverse party prior to judgment didn't cure jurisdictional defect #appellatesky #lawsky baffc.net/4rE0UTk
Kealani Distribution v FDA: #5thCir affirms summary jm for #FDA in challenge to final rule re premarket #tobacco product applications: FDA made reasonable good-faith efforts to comply w/RFA's purely procedural requirements #appellatesky #lawsky baffc.net/40w7Eqv
US v Lopez: #5thCir vacates sentence in child pornography case: where defendant exchanged images in chatroom, court properly applied 5-level distribution enhancement but incorrectly imposed pattern enhancement #plainerror #appellatesky #lawsky baffc.net/4rN3yGM
Hickson v St David's Healthcare: #5thCir vacates judgments dismissing #disability #discrimination, informed consent & IIED claims brought by family of man who died after medical center stopped giving him food/water #healthcare #appellatesky #lawsky baffc.net/46pSpD8
US v Swarner: #5thCir vacates supervised release sentence, remands for resentencing under proper statutory maximum: #ACA offenses are subject to general statutory maximums #criminallaw #appellatesky #lawsky baffc.net/4r0ql0r
The Woodlands Pride v Paxton: #5thCir denies #rehearing, substitutes opinion vacating injunction/ordering dismissals & analysis in drag performers' challenge to #TXlaw banning certain sexually oriented performances #appellatesky #lawsky baffc.net/4rFBs03
Bradford v Sovereign Pest Control: #5thCir affirms summary judgment for defendant in putative #classaction alleging prerecorded calls to cellphone violated #TCPA: plaintiff gave prior express consent #appellatesky #lawsky #robocalls baffc.net/4rWIwpf
Boudy v McComb School District: #5thCir affirms dismissal for contumacious conduct by school employee claiming #retaliation after she attempted to end consensual sexual relationship w/administrator; vacates attorney's fees #appellatesky #lawsky baffc.net/4r7e5vi
Castille v Port Arthur ISD: #5thCir affirms dismissal of special ed instructor's claim he was fired for reporting abuse: speech to principal & as administrator wasn't #FirstAmendment protected; no #dueprocess claim #appellatesky #lawsky baffc.net/3ZX8ah1
