Justia International Law Opinion SummariesArticles Posted in US Court of Appeals for the Fifth Circuit
DeJoria v. Maghreb Petroleum Exploration, SA
This case arose from a foreign judgment in a Moroccan court levying over $100 million against plaintiff and his business partner. The Fifth Circuit held that an interim change in the Texas Recognition Act does not violate the state's constitutional ban on retroactive laws. Therefore, the retroactive law did not abrogate defendant's ability to seek recognition of the Moroccan judgment. Rather, it just gives a district court the ability to deny recognition if it finds the judgment was obtained in proceedings that were incompatible with the requirements of due process. The court also held that the district court properly followed this court's 2015 mandate and properly applied the new law. Therefore, the district court properly determined that plaintiff was denied due process in Morocco and thus had, and properly exercised, its discretion to deny recognition to the Moroccan judgment. View "DeJoria v. Maghreb Petroleum Exploration, SA" on Justia Law
Hernandez v. Mesa, Jr.
Following remand from the United States Supreme Court, the Fifth Circuit held that this case was not a garden variety excessive force case against a federal law enforcement officer. Plaintiffs alleged that a law enforcement agent used deadly force without justification against a fifteen year old boy, violating the Fourth and Fifth Amendments, when they fatally shot him across the United States-Mexico border. At issue was whether federal courts have the authority to craft an implied damages action for alleged constitutional violations in this case under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999 (1971). The court noted that no federal statute authorizes a damages action by a foreign citizen injured on foreign soil by a federal law enforcement officer under these circumstances. The court held that the transnational aspect of the facts presented a "new context" under Bivens, and numerous "special factors" counseled against federal courts' interference with the Executive and Legislative branches of the federal government. Therefore, the court affirmed the district court's dismissal of the case. View "Hernandez v. Mesa, Jr." on Justia Law
Posted in: Civil Rights, Constitutional Law, International Law, US Court of Appeals for the Fifth Circuit
Ontiveros Soto v. Contreras
The Fifth Circuit affirmed the district court's denial of defendant's grave-risk defense in plaintiff's action seeking return of their child to Mexico pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. The court rejected defendant's claims that the district court improperly used a heightened standard in making its rulings. The court held that the record demonstrated that the district court's reference to "objective evidence" did not compel ruling that the findings of fact were "based on a misconception of the underlying legal standard." The court also held that defendant failed to show that the district court "labored under" the mistaken "assumption that threats against a parent can never create a grave risk of harm to his or her children." View "Ontiveros Soto v. Contreras" on Justia Law
Brittania-U Nigeria, Ltd. v. Chevron USA, Inc.
Brittania-U filed suit against defendants for fraud, misrepresentation, and tortious interference with business relations arising out of a bidding process for oil leases in Nigeria. The Fifth Circuit affirmed the district court's denial of Brittania-U's motion to remand and the grant of defendants' motions to dismiss based on an arbitration provision in a confidentiality agreement between Brittania-U and Chevron. The court held that jurisdiction exists, and removal was proper, under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. 203. The court also held that the district court did not err in recognizing that the confidentiality agreement's arbitration provision delegated the question of arbitrability to the arbitrators. View "Brittania-U Nigeria, Ltd. v. Chevron USA, Inc." on Justia Law
Cartes v. Phillips
Father petitioned the district court to order mother to return their three-year-old daughter to Paraguay, where she lived with both parents from October 2014 to October 2016. The Fifth Circuit affirmed the district court's determination that Paraguay was the daughter's habitual residence and that mother had wrongfully removed her to the United States. The court held that the district court did not legally err in assessing the parties' shared intent about their child's habitual residence; nor did the district court clearly err in finding that they agreed that their daughter would habitually reside in Paraguay; and any purported evidentiary error was harmless. View "Cartes v. Phillips" on Justia Law