United States Fifth Circuit - November 2018 Opinion Summaries

US v. Reyes-Contreras

Sentencing, Criminal Law & Procedure
In an en banc decision, overruled numerous circuit precedents in holding that a Missouri conviction of voluntary manslaughter was a crime of violence....

In re Governor Bryant

Transportation, Constitutional Law
Denied the Governor of Mississippi's petition for a writ of mandamus to prevent a deposition of his chief of staff. The underlying dispute involved a...

Forby v. One Technologies, L.P

Dispute Resolution & Arbitration, Consumer Protection Law
Reversed an order compelling arbitration of a consumer's claims. The consumer contended that the defendant technology company had waived its right to...

Blackman v. Davis

Habeas Corpus, Criminal Law & Procedure
Affirmed the dismissal of a successive petition for federal habeas corpus relief. Held that the district court was not authorized to grant a...

E.R v. Spring Branch Independent School District

Education Law
Affirmed summary judgment in favor of a school district in a lawsuit alleging that a child was denied rights under the Individuals with Disabilities...

US v. Graves

Criminal Law & Procedure
In an amended opinion, affirmed that a $5,000 special assessment could be imposed on a defendant who pleaded guilty to possessing child pornography,...

Smith v. Chrysler Group, LLC

Product Liability
Affirmed summary judgment for an automobile manufacturer in a product liability case arising from a deadly car crash.

Acosta v. Hensel Phelps Construction Co.

Labor & Employment Law, Construction
Held that the U.S. Secretary of Labor has authority under the OSHA statute to issue a citation to a general contractor at a multi-employer...

Brand Services, LLC v. Irex Corp.

Trade Secrets, Labor & Employment Law
In an amended opinion, revived an industrial scaffolding company's claim that a former employee stole trade secrets and confidential information when...

Evanston Insurance Co. v. Mid-Continent Casualty Co.

Insurance Law
In a dispute between an excess insurer and a primary insurer, held that the primary insurer was liable for only $1 million of the damage caused when...