United States Fifth Circuit - October 2018 Opinion Summaries

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Description Date Docket #

Allen v. Walmart Stores, LLC

United States Fifth Circuit
Product Liability, Injury & Tort Law
Held that Walmart and other defendants were not liable for a drug-abuse death that resulted from inhaling aerosol dust remover purchased at a Walmart...
10/16/2018 17-20404

State Bank and Trust Co. v. C and G Liftboats, LLC

United States Fifth Circuit
Civil Procedure, Admiralty
Dismissed an appeal in a case where a bank sought to foreclose on four ship mortgages and seize three vessels. Held that appellate jurisdiction was...
10/16/2018 17-30792

Moon v. City of El Paso

United States Fifth Circuit
Injury & Tort Law, Criminal Law & Procedure
Reinstated a false-imprisonment claim filed by a man who spent 17 years in prison for a crime he did not commit, holding that his claim was timely...
10/15/2018 17-50572

Barrett v. Berryhill

United States Fifth Circuit
Government Benefits
Affirmed that a claimant seeking Social Security disability benefits had no absolute right to pose questions to a government-employed medical...
10/12/2018 17-41177

Smith v. School Board of Concordia Parish

United States Fifth Circuit
Civil Rights, Education Law
Held that a charter school violated the terms of a longstanding desegregation order in the public-school district where it was located by enrolling...
10/12/2018 17-30548

US v. Rivas-Estrada

United States Fifth Circuit
Sentencing, Criminal Law & Procedure
Vacated a criminal defendant's sentence in part and remanded. Held that the district court should not have imposed special conditions of supervised...
10/12/2018 17-40033

Mejia v. Davis

United States Fifth Circuit
Habeas Corpus, Criminal Law & Procedure
Held that the federal district court erred in granting a prisoner habeas corpus relief because the court should have deferred to the state court's...
10/11/2018 17-41137

US v. Fuentes

United States Fifth Circuit
Sentencing, Criminal Law & Procedure
Affirmed a five-year sentence imposed after the defendant's supervised release was revoked, concluding that the sentence was not plain error.
10/11/2018 17-50407

Shell Offshore, Inc. v. Tesla Offshore, LLC

United States Fifth Circuit
Admiralty, Oil and Gas Law, Injury & Tort Law
Held that a company surveying the ocean floor was properly apportioned 75 percent of the liability for an accident in which its underwater sonar...
10/05/2018 16-30528

Yarls v. Bunton

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure
Dismissed as moot a constitutional challenge to Louisiana public defenders' practice of placing indigent, non-capital defendants on waitlists for...
10/04/2018 17-30779