5th Circuit Published Opinions

Fifth Circuit Affirms Dismissal of Selective Building Code Enforcement Lawsuit

The Fifth Circuit affirmed the district court's dismissal of a lawsuit alleging selective enforcement of building codes. The plaintiff claimed a violation of the Fourteenth Amendment's Equal Protection Clause. The court found the complaint failed to state a claim.

Lanaute v. United States - Sentencing Enhancement Appeal

The Fifth Circuit Court of Appeals affirmed a district court's decision to apply a career-offender enhancement to Jonathan Lanaute's sentence for bank robbery. The court found that Lanaute's prior Louisiana convictions for armed robbery and attempted armed robbery qualified as "crimes of violence" under the U.S. Sentencing Guidelines.

Deras v. Johnson & Johnson - FLSA Unpaid Wages Case

The Fifth Circuit Court of Appeals vacated the district court's dismissal of Francisco Deras's FLSA unpaid wages case against Johnson & Johnson. The appellate court remanded the case for further proceedings, finding the district court's interpretation of local rules and precedent regarding attorney procedural errors to be overly broad.

Fifth Circuit Affirms Dismissal of Employment Discrimination Case

The Fifth Circuit affirmed a district court's decision to dismiss a plaintiff's employment discrimination and retaliation claims with prejudice. The dismissal was based on the plaintiff's counsel's repeated failure to comply with discovery orders and court deadlines over four years of litigation. The court found the dismissal to be a proper exercise of discretion.

Teacher v. Principal - First Amendment Prayer Rights

The Fifth Circuit Court of Appeals is reviewing a principal's claim of qualified immunity in a lawsuit filed by a teacher who alleges her prayer on school grounds was prohibited. The court will determine if the principal's actions violated the teacher's First Amendment rights.

Ayestas v. Harris County District Attorney's Office - Habeas Corpus

The Fifth Circuit Court of Appeals vacated a discovery order in a habeas corpus case involving a capital murder conviction. The court found that the district court lacked jurisdiction over the selective-prosecution claims, vacating the order that compelled the Harris County District Attorney's Office to produce internal memoranda.

Renteria v. Grieg Star AS - Maritime Worker Negligence Appeal

The Fifth Circuit Court of Appeals affirmed a district court's grant of summary judgment for Grieg Star AS in a maritime worker's vessel negligence appeal. Balvina Renteria, an injured longshore worker, alleged negligence under the Longshore and Harbor Workers' Compensation Act.

Fifth Circuit Affirms Conviction for Firearm Possession After Felony

The Fifth Circuit Court of Appeals affirmed a conviction for firearm possession by a convicted felon under 18 U.S.C. § 922(g)(1). The court found the statute constitutional and rejected the defendant's vagueness challenge, citing precedent.

Corona-Montano v. United States - Alien Transport Sentencing Appeal

The Fifth Circuit Court of Appeals affirmed a district court's sentencing enhancement for transporting an unaccompanied minor in the case of Luis Francisco Corona-Montano. The court held that the Sentencing Guidelines do not require scienter for this enhancement, affirming the 71-month sentence.

Medical Negligence Lawsuit Dismissed Based on Statute of Repose

The Fifth Circuit Court of Appeals affirmed the dismissal of a medical negligence lawsuit against the United States. The court ruled that the claim, filed 18 years after the alleged unauthorized surgery and complications at a VA hospital, was barred by Mississippi's seven-year statute of repose.