5th Circuit Published Opinions

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.

Lopez v. United States - Appeal of Sentence for Child Pornography Offenses

The Fifth Circuit Court of Appeals vacated and remanded David Lopez Jr.'s 360-month sentence for child pornography offenses. The court agreed that a five-level enhancement for engaging in a pattern of activity involving the sexual abuse or exploitation of a minor was incorrectly applied.

Kealani Distribution v. FDA - Tobacco Control Act Rule Challenge

The Fifth Circuit Court of Appeals affirmed a district court's decision upholding the FDA's Final PMTA Rule. The court found that the FDA complied with the Regulatory Flexibility Act when promulgating the rule, which regulates new tobacco products. The ruling impacts manufacturers and trade associations representing small businesses in the vapor product industry.

Fifth Circuit Vacates DEA Registration Revocation for Pharmacy

The Fifth Circuit Court of Appeals vacated an order by the Drug Enforcement Administration (DEA) revoking Neumann's Pharmacy's registration to dispense controlled substances. The court found the DEA's decision was based on interpretations of regulations that the governing texts did not support.

Quiroz v. Hernandez and City of Dayton - Fifth Circuit Court Opinion

The Fifth Circuit Court of Appeals denied a petition for rehearing in the case of Quiroz v. Hernandez and City of Dayton. The court withdrew its prior opinion and substituted a new one, denying the plaintiffs' request to replead their claims for a fourth time after the district court dismissed them with prejudice due to pleading deficiencies.

James Devins v. John Armstrong - Petition for Rehearing Denied

The Fifth Circuit Court of Appeals denied a petition for panel rehearing in the case of James Devins v. John Armstrong. The court withdrew its prior opinion and substituted a new one, affirming the dismissal of Devins's claims but reversing the dismissal with prejudice as an abuse of discretion. The case concerns the denial of a student visa for a foreign national.

Fifth Circuit Court Opinion on Mississippi Vapor Law

The Fifth Circuit Court of Appeals denied a motion for an injunction pending appeal in a case challenging Mississippi House Bill 916. The court found that the plaintiffs, including vapor retailers and trade associations, failed to establish Article III standing to challenge the law, which restricts the sale of electronic nicotine devices to those approved by the FDA.

Scott Reardon v. American Airlines - Retaliatory Termination Claim

The Fifth Circuit Court of Appeals affirmed the dismissal of a retaliatory termination claim filed by Scott Reardon against American Airlines under the Railway Labor Act. The court found that Reardon's termination was based on violations of a Last Chance Agreement, not retaliation.

Fifth Circuit Certifies Texas LLC Exemption Question to State Supreme Court

The Fifth Circuit Court of Appeals has certified a question to the Supreme Court of Texas regarding whether a Texas LLC membership interest is an exempt asset in federal bankruptcy proceedings. The court is seeking clarification on Texas state law to resolve a dispute between a debtor and the bankruptcy trustee.

Ackerman v. Arkema Incorporated - Tolling of State Statute of Limitations

The Fifth Circuit affirmed a district court's decision dismissing state law claims against Arkema Incorporated as untimely. The court held that Texas law does not recognize cross-jurisdictional tolling of statutes of limitations, meaning a federal class action does not pause the clock for individual state court filings.