Bar Association of the Fifth Federal Circuit

Jones v King: #5thCir, in suit alleging TX jury proceeding was political retaliation in long-running feud, reverses denial of #judicialimmunity to presiding judge, dismisses cross-appeal for lack of jurisdiction #dissent #appellatesky #lawsky baffc.net/3Jfdhnw

Holberg v Guerrero: #5thCir grants #rehearingenbanc after panel vacated conviction of 27-year #deathrow inmate based on finding TX suppressed impeachment evidence that critical trial witness was paid informant #Brady #AEDPA #appellatesky #lawsky baffc.net/46GWJie

Institute for Free Speech v Johnson: #5thCir reverses/affirms in part: pro bono legal services organization had #standing to challenge TX election law; individual-capacity claims barred by #qualifiedimmunity #appellatesky #FirstAmendment #lawsky baffc.net/4mpro8f

US v Bennett: #5thCir affirms: landowner in #condemnation action entitled to value of land US took through #eminentdomain to build #borderwall, but not entitled to value of the wall government built #property #appellatesky #lawsky baffc.net/4lPcWXk

US v Ortiz-Rodriguez: #5thCir affirms #illegalreentry, rejects collateral attack on original expedited #removal order under 1326(d): no deprivation of judicial review; order not fundamentally unfair #dissent #dueprocess #appellatesky #lawsky baffc.net/4582gfi

Vinales v AETC II: #5thCir, in claim against #military housing providers re condition of leased home, affirms application of federal enclave doctrine, dismissal of #fraud claim, denial of #attorneysfees despite $90K jury award #appellatesky #lawsky baffc.net/4m7exr3

Doe v City View ISD: #5thCir affirms: former student's #TitleIX claims that school officials covered up her #sexualabuse by high school teacher were barred by statute of limitations, retaliation claim waived #appellatesky #lawsky baffc.net/4lJ0dFF

US v Wickware: #5thCir on rehearing substitutes opinion affirming sentence for felon in possession: TX robbery conviction was #crimeofviolence under 2023 amendment to #USSG defining "robbery" #appellatesky #guns #criminallaw #lawsky baffc.net/46Z5p3t

Carter v Shreveport: #5thCir affirms grant of JMOL to #jail defendants on #ADA/RA claim by detainee in wheelchair whose bedsores became infected: claim amounted to negligent medical treatment, not disability #discrimination #appellatesky #lawsky baffc.net/4kRSzHB

MK v Pearl River: #5thCir affirms summary jm for school district in #TitleIX deliberate-indifference #sexdiscrimination claim based on perceived sexual orientation: conduct insufficiently severe/offensive to be actionable #appellatesky #lawsky baffc.net/4lzmS6V

Wilson v Centene Management: #5thCir, in action against insurers re inaccurate provider lists, vacates denial of class certification, sets out proper evaluation of #standing at class-certification stage #classaction #appellatesky #insurance #lawsky baffc.net/4nVBKON

US v Wilson: #5thCir affirms convictions/sentence, holds police cannot #Terry stop person based solely on fact he is carrying #firearm, but upholds stop here on other grounds, finds no #plainerror #dissent #4thAmendment #appellatesky #lawsky baffc.net/4lDDCKx

Sampy v Rabb: #5thCir affirms dismissal of #excessiveforce claim by man convicted of kicking police officer during arrest: claim barred by #Heck #4thAmendment #1stAmendment #appellatesky #lawsky baffc.net/3GP8KHM

Amstutz v Harris County: #5thCir affirms dismissal of #IDEA & #Section1983 claims by former officer terminated after wife filed domestic abuse complaint: no constitutional right asserted #appellatesky #dueprocess #employment #lawsky baffc.net/4m4Rm0I

Swift v CIR: #5thCir affirms #IRS deficiencies/penalties against physician & wife who deducted premiums their medical practice paid to captive #insurance companies #taxes #appellatesky #lawsky baffc.net/46M45kf

Benavides v Nunez: #5thCir dismisses appeal of denial of #qualifiedimmunity summary judgment to officer: no jurisdiction to review decision that genuine fact issue exists re whether shooting was accidental #excessiveforce #appellatesky #lawsky baffc.net/3IRaBfC

Seville Industries v SBA: #5thCir affirms #SBA's decision to not forgive entirety of #PPPloan to LA company: #CARESAct definition of "payroll costs" doesn't include money paid to independent contractors #appellatesky #lawsky baffc.net/4nSW9nu

Jackson v Houston: #5thCir reverses on interlocutory appeal: plaintiffs lacked #standing to claim city violated #EqualProtection by racially profiling, resulting in high-speed chases in black neighborhoods, bystander deaths #appellatesky #lawsky baffc.net/40n0UM3

In re Media Matters: #5thCir grants #mandamus in part, vacates denial of motion to transfer to NDCA, remands for proper #venue analysis in case by X/Musk alleging interference with contract/business disparagement #appellatesky #lawsky baffc.net/3Uezm85

Gilchrist v Schlumberger: #5thCir reverses: plaintiffs (MWD field specialists earning $200K+) were highly compensated #employees exempt from #overtime pay requirement under #FLSA because they performed administrative duties #appellatesky #lawsky baffc.net/3GBrjPF

US v Goody: #5thCir affirms felony possession conviction/sentence for #gang member/career criminal: no #SecondAmendment violation; supervised release condition barring association w/gang members not void for vagueness #guns #appellatesky #lawsky baffc.net/40MyRpu

Assoc of Club Execs v Paxton: #5thCir affirms constitutionality of TX #SB315, prohibiting people under 21 from working at sexually oriented businesses in effort to reduce #sextrafficking #appellatesky #lawsky #FirstAmendment baffc.net/44wyOk4

Students for Fair #Admissions v @UTAustin: #5thCir affirms dismissal of claim re admissions policy pre-#Harvard, reverses dismissal of claim re revised policy allowing admissions officers access to racial data #discrimination #appellatesky #lawsky baffc.net/3GyJsxw

Alexander v Taft: #5thCir affirms dismissal of pretrial detainee's challenge to mental healthcare & conditions of confinement in "violent cell," where he spent a week after falsely claiming to be suicidal #dissent #DueProcess #appellatesky #lawsky baffc.net/4kDX4VX

Navarre v AIG: #5thCir affirms dismissal for lack of #standing in claim by home purchaser suing #homeowners' insurer for hurricane damage that occurred prior to purchase: no #assignment of claim when suit was filed #LAlaw #appellatesky #lawsky baffc.net/3UacXZw

Williams v BP: #5thCir affirms exclusion of expert testimony on causation under #Daubert, in claim alleging chronic pansinusitis was caused by #DeepwaterHorizon cleanup work, affirms summary judgment for #BP #evidence #appellatesky #lawsky baffc.net/4lIMOxn

Apple v #NLRB: #5thCir reverses: substantial evidence didn't support finding that #Apple violated #NLRA by coercively interrogating employee or removing #Union literature from break room #concur #Labor #employment #appellatesky #lawsky baffc.net/4lsGERu

US v TX: #5thCir affirms preliminary injunction against TX #SB4 prohibiting noncitizens from illegally entering/exiting TX, finds #standing for legal services provider, likelihood of success #dissent #11thAmendment #preemption #appellatesky #lawsky baffc.net/3TTBamH

Frias v Hernandez: #5thCir reverses denial of dismissal of TX state-law claims against detective: regardless of motive, his conduct fell w/in scope of employment w/Dallas PD, so he was immune from suit under #TXlaw #TTCA #appellatesky #lawsky baffc.net/3GthAuw

Crystal Clear v HK Baugh: #5thCir, on appeal of injunction to utility district against #TXPUC, remands for district court to determine if statute protecting federally indebted utilities preempts #TexasWaterCode #preemption #appellatesky #lawsky baffc.net/44r46Yc