5th Circuit Published Opinions

In re Google LLC - Mandamus Granting Venue Transfer to Northern District of California

The Fifth Circuit granted Google LLC's petition for writ of mandamus, reversing the Eastern District of Texas's denial of venue transfer under 28 U.S.C. § 1404(a). The appellate court held that the district court misapplied the law in balancing transfer factors, finding most witnesses and sources of proof were located in California. The court directed transfer of Branch Metrics' Sherman Act antitrust suit against Google to the Northern District of California.

United States v. Weaver - Search Warrant Validity and Miranda Waiver

The Fifth Circuit reversed the district court's suppression of evidence in US v. Weaver, reinstating evidence obtained via a search warrant approved via FaceTime by a municipal court judge. The court held the warrant satisfied Fourth Amendment requirements and that Weaver validly waived his Miranda rights. The case is remanded for further proceedings.

Porch.com v. Gallagher Reinsurance - Contract Dispute

The Fifth Circuit affirmed in part and reversed in part the Northern District of Texas dismissal of Porch.com's claims against Gallagher Reinsurance regarding alleged failures as a reinsurance broker. The court remanded the case for further proceedings after finding Porch stated viable claims related to Gallagher's handling of collateral representations and broker duties in the HOA-Vesttoo reinsurance arrangement.

In re Connolly Ryan - Crime Victims' Rights Act Challenge to Boeing Non-Prosecution Agreement

The Fifth Circuit denied petitions for writ of mandamus filed by victims' families challenging the DOJ's non-prosecution agreement (NPA) with Boeing and the subsequent dismissal of prosecution. The court affirmed that while the DOJ violated the Crime Victims' Rights Act (CVRA) by failing to confer with families before the agreement, the violation resulted from legal error rather than bad faith, and the district court lacked authority to modify the NPA terms. Boeing's $1.1 billion settlement and the dismissal remain intact.

Boeing NPA Mandamus - Crime Victims' Rights Act Review

The Fifth Circuit denied petitions for writ of mandamus filed by victims' families challenging the Department of Justice's non-prosecution agreement (NPA) with Boeing following the 737 MAX crashes that killed 346 people. The court affirmed the district court's ruling that DOJ did not violate the families' rights under the Crime Victims' Rights Act, despite DOJ's earlier failure to confer with families before the NPA.

Briar Capital v. Remmert - Bankruptcy Preference Claim

The Fifth Circuit affirmed that Briar Capital waived its right to appeal the jury's verdict rejecting its bankruptcy preference claim against former COO Robert Remmert. The court held that because Briar Capital failed to file Rule 50(a) and 50(b) motions for judgment as a matter of law, it cannot challenge the sufficiency of the evidence on appeal.

Fifth Circuit Opinion on Wrongful Death Beneficiaries Appeal

The Fifth Circuit affirmed a district court's denial of qualified immunity to two police officers in a wrongful death lawsuit. The court found that the officers' actions in shooting the fleeing suspect constituted a clearly established Fourth Amendment violation, allowing the case to proceed to trial.

Fifth Circuit Opinion: Detainee Pregnancy Medical Care Case

The Fifth Circuit affirmed a district court's summary judgment in favor of a jail's Medical Director, Dr. Aaron Shaw, in a lawsuit alleging denial of medical care to a pregnant pretrial detainee. The court found the detainee failed to show Shaw had subjective knowledge of a substantial risk of serious harm.

Megatel Homes v. City of Mansfield - Antitrust & State Law

The Fifth Circuit reversed a district court's decision, finding that the City of Mansfield, Texas, does not have state-action immunity for its alleged anticompetitive actions related to water utility services. The court remanded the case to assess Megatel Homes' Sherman Act claims and state-law violations.

Hagar v. FBI - FOIA Case

The Fifth Circuit affirmed the district court's decision in a Freedom of Information Act (FOIA) case brought by Michael Hagar against the FBI. The court found that Hagar's request for email header information was moot as the 'To' line information had been provided, and releasing the header would require creating a new record, which FOIA does not mandate.