U.S. Fifth Circuit

U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog


The Fifth Circuit gave the O.K. to a Dallas ordinance which allows CNG-fueled cabs to move to the head of the line when picking up passenger’s from the city’s Love Field Airport.

The Court’s decision on Thursday in Association of Taxicab Operators USA v. City of Dallas comes as a big win for cities incentivizing compressed natural gas (CNG) vehicles, which operate with lower emissions than gasoline powered vehicles.

The Fifth Circuit opined that this law is not preempted by the federal law, particularly the Clean Air Act.

Two judges on the Fifth Circuit agreed on Tuesday to exclude Judge Jones from the review of a death penalty stay, after Jones' "racist comments" lead to a formal complaint of judicial misconduct.

Judge Edith Jones, a former Chief Judge of the U.S. Fifth Circuit Court of Appeals, was impaneled with two other judges for review of a stay of execution for Elroy Chester. Chester, a convicted murderer, was executed on Wednesday evening, reports The Associated Press.

This may be one of many death penalty cases Jones may be removed from, as her purported views on the death penalty have raised objections from many.

Under Title VII, a woman should not be fired for expressing breast milk or lactating, a stance now confirmed by the Fifth Circuit in their EEOC v. Houston Funding II, Ltd. opinion, filed in late May.

The Court found that firing Donnicia Venters for wishing to pump her breast milk at work was ultimately sex discrimination, which may help bridge the last four decades since the Pregnancy Discrimination Act (PDA) of 1978.

Judge Edith Jones is being accused of racial bias after a comment in her speech to the Federalist Society in February implied that Blacks and Hispanics are more involved in violent crime.

A complaint for judicial misconduct, filed by a broad coalition of civil rights organizations and legal ethics experts, alleged that Judge Jones made statements in her speech at the University of Pennsylvania School of Law that “violated basic rules of judicial ethics,” particularly the duty to remain impartial, reports MySanAntonio.com

Complaints of bias against judicial officers are not uncommon, but they are serious charges.

Bad news for gay high school kids wanting to sue their coaches; the 5th Circuit Court of Appeals ruled last week that two Texas high school softball coaches had qualified immunity despite allegations that the two “outed” a lesbian player to her mother.

In Wyatt v. Fletcher, the Court ruled that the plaintiff’s Section 1983 claim alleging a 14th Amendment violation of privacy was vague at best and certainly not enough to overcome the public school coaches’ qualified immunity.

Is there a right to keep your sexual orientation private at public school?

Death Row Inmate Denied Appeal for Ineffective Counsel Claim

Texas death row inmate, Lisa Ann Coleman, was denied the possibility to appeal her capital murder conviction and death penalty sentence for the death of her partner's son. In 2004, Coleman's girlfriend's son was found dead at his home. The 9-year-old boy had numerous injuries throughout his body indicating he was bound repeatedly. He was also extremely emaciated and his cause of death was from malnutrition and pneumonia.

Coleman was convicted in the starvation of the young boy and sentenced to death in 2006.

Texas Concealed Weapons Permit Ban for Under 21 Constitutional

Texas youth are going to continue having to wait until they turn 21 to get their concealed gun permits. The Fifth Circuit has rejected a claim that Texas law preventing 18 to 20-year-olds from obtaining a Texas concealed weapons permit violates their Constitutional rights.

Youth can complain to Congress if they would like. Congress’ determination of young people’s inability to handle handguns safely influenced the court’s decision. Like it or not, the court agrees that young people are irresponsible, emotionally immature, thrill-seeking, and prone to causing crimes.

5th Circuit to Decide Arbitration Agreement Controversy

An important decision will soon be made by the Court of Appeals for the Firth Circuit. This decision will affect employment arbitration agreements. It can potentially prevent employers from pursuing class action waivers from their employees within the arbitration context.

Middle-aged workers took a hit during the economic downturn, with many being laid off from long-held positions. Richard Miller knows all about that. In 2008, the then-53-year-old Texan was terminated from his position with Raytheon after nearly three decades of service. Miller soon filed suit against Raytheon in federal district court, claiming age discrimination under the ADEA and the Texas Commission on Human Rights Act (TCHRA).

At trial, the jury found that Raytheon had discharged Miller because of his age and awarded him $17 million in various damages. The district court judge then cut the award down to around $2 million. Earlier in the month, the Fifth Circuit agreed that Miller had been the victim of age discrimination, but further reduced the jury award.

Last week, a Louisiana appellate court struck down a state law making it illegal for non-citizens to drive without documents proving they’re legally in the United States. Louisiana’s Third Circuit Court of Appeal ruled that the statute improperly governs an area of law exclusively controlled by the federal government.

The U.S. Supreme Court struck down parts of a similar Arizona law last year. While that law made it a misdemeanor for immigrants to drive without documentation, the Louisiana law goes one step further making it a felony offense. The appellate court’s ruling conflicts with a recent First Circuit Court of Appeal decision upholding the “unlawful presence” law.