United States Fifth Circuit - December 2018 Opinion Summaries

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Description Date Docket #

Gurule v. Land Guardian, Inc.

United States Fifth Circuit
Attorney's Fees, Labor & Employment Law
Held that it was appropriate to reduce an attorney fee award because the plaintiff had rejected a Rule 68 offer of judgment that would have given her...
12/27/2018 17-20710

Nall v. BNSF Railway Co.

United States Fifth Circuit
Labor & Employment Law, Civil Rights, Transportation
Revived a railroad employee's claim that he was discriminated against based on a disability. The issue involved whether he could safely perform his...
12/27/2018 17-20113

Christiana Trust v. Riddle

United States Fifth Circuit
Banking Law, Consumer Protection Law
Held that a bank was not vicariously liable, as a matter of law, for its loan servicer's alleged violations of the Real Estate Settlement Procedures...
12/21/2018 17-11429

Moore v. Tangipahoa Parish School Board

United States Fifth Circuit
Civil Rights, Education Law
Affirmed an award of appellate expenses to a court-appointed special master. He had successfully defended an order increasing his compensation in a...
12/21/2018 18-30114

Dean v. Phatak

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure
Held that a state medical examiner might be entitled to qualified immunity from a claim that he intentionally fabricated an autopsy report. The report...
12/20/2018 16-20650

Gahagan v. US Citizenship and Immigration Services

United States Fifth Circuit
Attorney's Fees, Government Law, Immigration Law
Held that attorneys appearing pro se cannot recover fees under the Freedom of Information Act. The plaintiff, an immigration attorney, made certain...
12/20/2018 17-30898

Johnson v. Halstead

United States Fifth Circuit
Labor & Employment Law, Government Law, Civil Rights
Held that a police sergeant could move forward with his claims that he was subjected to a campaign of racial harassment, in violation of 42 U.S.C....
12/19/2018 17-10223

Randle v. Crosby Tugs, LLC

United States Fifth Circuit
Injury & Tort Law, Admiralty
Held that a vessel owner did not breach its duty under the Jones Act to provide a seaman who had suffered a stroke with prompt and adequate medical...
12/19/2018 17-30963

Meador v. Apple, Inc.

United States Fifth Circuit
Injury & Tort Law, Product Liability, Cyberspace Law
Held that Apple Inc. was not liable for a fatal car crash that happened when a distracted driver looked down to read a text message on her iPhone 5....
12/18/2018 17-40968

Halprin v. Davis

United States Fifth Circuit
Habeas Corpus, Criminal Law & Procedure
Denied a Texas death row inmate's application for a certificate of appealability. Also affirmed the district court's denial of his request for an...
12/17/2018 17-70026