Hagar v FBI: #5thCir affirms summary judgment for #FBI on #FOIA claim by criminal defendant: copying data into separate document was creation of new document & not required under FOIA #appellatesky #lawsky baffc.net/40UGc6a

Megatel v City of Mansfield: #5thCir reverses state-action immunity for city on #antitrust claims: TX #WaterCode didn't clearly articulate & affirmatively express state policy permitting city to act anti-competitively #appellatesky #lawsky baffc.net/4s39RFo

SEC v Barton: #5thCir, in challenge to approval of sales/settlements re #receivership estate, dismisses appeal for lack of jurisdiction as to moot sale & settlement agreements, affirms remaining sale #appellatesky #lawsky baffc.net/3NZIMF2

Fuentes-Pineda v Bondi: #5thCir substitutes opinion where #BIA denied #CAT deferral of removal for #ElSalvador native who was #gang member convicted of murder, rejects arguments re harsh prison conditions/torture #immigration #appellatesky #lawsky baffc.net/4t5dSK6

Hardwick v FAA: #5thCir denies review of #FAA order suspending license of professional pilot who twice flew airplane whose physical tail number didn't match registration/air-worthiness certificate #appellatesky #lawsky baffc.net/4rN59v5

US v Williamson: #5thCir affirms conviction for possession of firearm by felon: as-applied #2ndAmendment challenge fails under #Reyes; #CommerceClause challenge foreclosed; concurrence calls for clarity #appellatesky #lawsky #criminallaw #Bruen baffc.net/4lOhhKV

Intuit v FTC: #5thCir vacates #FTC cease-and-desist order re "deceptive" advertising of @TurboTax product: adjudicating deceptive advertising claim before ALJ violated #SeparationofPowers #Jarkesy #ArticleIII #appellatesky #lawsky baffc.net/4sT68uK

US v Burger: #5thCir reverses #Rule12 dismissal of #indictment for transmitting threats in interstate commerce: trial needed to determine if defendant's statements on #Roblox were true threats; declines to reassign case #appellatesky #lawsky baffc.net/4sX3hAW

Ford v Mckesson: #5thCir reverses summary judgment for #BlackLivesMatter protest organizer on negligence claim by Baton Rouge officer injured by rioters in 2016: time for jury to assess merits of claim #dissent #appellatesky #lawsky baffc.net/4dhvQor

US v Mendoza: #5thCir vacates conditions of #supervisedrelease: remands to add length of location monitoring & to remove home detention, financial-disclosure & credit-approval conditions, where restitution wasn't determined #appellatesky #lawsky baffc.net/41j0XbC

GuangDong Midea v Unsecured Creditors: #5thCir affirms denial of objection to Corelle's reorganization plan to retain post-#bankruptcy indemnification rights for certain Instapot cookers: MSA & POs were divisible #contracts #appellatesky #lawsky baffc.net/4bRvrrk

US v Porter: #5thCir affirms denial of motion to suppress vehicle location data from license plate reader & machine gun found in vehicle: use of LPR not a search; stop supported by reasonable suspicion; gun in plain view #appellatesky #lawsky baffc.net/3PptAkP

US v Hamilton: #5thCir affirms statutory maximum sentence for day care worker who pled guilty to production of child porn, rejects argument that government's statements about her sex violated #5thAmendment #equalprotection #appellatesky #lawsky baffc.net/4dsWoTu

US v Garcia: #5thCir affirms denial of motion to suppress screenshots of defendant taken from body cam footage during investigatory stop: detailed BOLO provided reasonable suspicion for #Terry stop #4thAmendment #appellatesky #lawsky baffc.net/4rEaCEF

US v Villafana-Mondragon: #5thCir affirms sentence: #Diggles doesn't require court to explicitly ask if counsel reviewed #PSR w/defendant; record showed they had opportunity to review PSR & in fact had reviewed it #dissent #appellatesky #lawsky baffc.net/4sf7MqF

Clouse v #SMU: #5thCir affirms costs award to SMU after it obtained favorable summary judgment on claims by 8 of 9 women's rowing team members: SMU was prevailing party, entitled under #Pancheo; specific costs warranted #appellatesky #lawsky baffc.net/4bLZDEd

Texas v EPA: #5thCir substitutes opinion, vacates EPA's disapproval of TX & MS SIPs to achieve new national #airqualitystandard for #ozone, remands to EPA #CleanAirAct #APA #LoperBright #appellatesky #lawsky baffc.net/4doBDIC

Cambric v Corpus Christi: #5thCir affirms dismissal of "class of one" #equalprotection claim re selective code enforcement against city: pleading didn't show pattern of constitutional violations #concur #Monell #appellatesky #lawsky baffc.net/4sKKAQV

US v Lanaute: #5thCir affirms #USSG #careeroffender enhancement after bank robbery guilty plea, rejects argument that conviction for LA armed robbery wasn't "crime of violence" because it could have been reckless or negligent #appellatesky #lawsky baffc.net/4bEWNRw

Alliance Liftboats: #5thCir denies mandamus after district court certified class of workers treated as overtime-exempt seamen in #FLSA claim: issues could be addressed on appeal; harm from litigation didn't justify relief #appellatesky #lawsky baffc.net/4sAQF2d

US v Mendez-Lozano: #5thCir finds defendant's appeal notice waived challenges to his convictions re holding illegal aliens hostage in trailer, affirms sentencing enhancement for leader/organizer #concur #USSG #criminallaw #appellatesky #lawsky baffc.net/4bhUtOR

Storey Minerals v EP Energy: #5thCir affirms denial of administrative expense claims, including #bankruptcy court's assessments of jurisdiction & application of #TXlaw governing construction of #oilandgas leases #appellatesky #lawsky baffc.net/4borgSD

Deras v Johnson & Johnson: #5thCir vacates orders denying motions to reopen case under FRCP 60b1 after dismissal for failure to retain local counsel w/in 14 days: district court improperly collapsed rules governing 41b and 60b #appellatesky #lawsky baffc.net/3Ndunoo

Ayestas v Harris County DA: #5thCir finds discovery order against DA appealable, vacates order, dismisses selective-prosecution claim as barred second/successive #habeas application, not w/in scope of FRCP 59e #dissent #appellatesky #lawsky baffc.net/4rqtYgj

US v Ponce: #5thCir affirms denial of motion to #suppress after #border patrol agent found undocumented woman inside SUV's speaker box: defendant consented to opening back hatch; officer had probable cause to open box #appellatesky #lawsky baffc.net/4dfrmOQ

Savage v LaSalle Management: #5thCir affirms exclusion of evidence/dismissal of case after 4 years of litigation, no significant discovery or case development, multiple continuances by plaintiff #civilprocedure #appellatesky #lawsky baffc.net/40q6kp9

Barber v Rounds: #5thCir, on claims re principal's prohibition of teacher's prayer, affirms denial of #qualifiedimmunity on #FirstAmendment free speech/free exercise claims, reverses on #14thAmendment disparate treatment claim #appellatesky #lawsky baffc.net/4bjtkLJ

Ferguson v Lockheed Martin: #5thCir reverses dismissal of #FalseClaimsAct suit: first-to-file bar didn't prevent #quitam action alleging different mechanism for #fraud across military aircraft programs #concur #dissent #TINA #appellatesky #lawsky baffc.net/4sDu6u2

Sambrano v United Airlines: #5thCir affirms certification order for subclass of @united employees who sought religious #accommodations from #COVID19 #vaccine mandate & received unpaid leave, rejecting other proposed subclasses #appellatesky #lawsky baffc.net/4bghZfj

Renteria v Grieg Star AS: #5thCir affirms summary judgment for vessel's technical manager on #maritime worker's claim of vessel #negligence: alleged defect was open & obvious; no active control by vessel #LHWCA #appellatesky #lawsky baffc.net/4rsl2Hu