United States Fifth Circuit - November 2018 Opinion Summaries

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Description Date Docket #

US v. Reyes-Contreras

United States Fifth Circuit
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....
11/30/2018 16-41218

In re Governor Bryant

United States Fifth Circuit
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...
11/29/2018 18-60703

E.R v. Spring Branch Independent School District

United States Fifth Circuit
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...
11/28/2018 17-20494

Blackman v. Davis

United States Fifth Circuit
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...
11/28/2018 16-11820

Forby v. One Technologies, L.P

United States Fifth Circuit
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...
11/28/2018 17-10883

US v. Graves

United States Fifth Circuit
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,...
11/27/2018 17-11276

Acosta v. Hensel Phelps Construction Co.

United States Fifth Circuit
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...
11/26/2018 17-60543

Smith v. Chrysler Group, LLC

United States Fifth Circuit
Product Liability
Affirmed summary judgment for an automobile manufacturer in a product liability case arising from a deadly car crash.
11/26/2018 17-40901

Brand Services, LLC v. Irex Corp.

United States Fifth Circuit
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...
11/21/2018 17-30660

US v. Valle-Ramirez

United States Fifth Circuit
Immigration Law
Affirmed that an alien's conviction for aggravated assault under Georgia law constituted an aggravated felony within the meaning of an immigration law...
11/19/2018 15-41719