Justice Rebeca Aizpuru Huddle, writing for a unanimous court, explained in a 21-page ruling that in so-called “wrongful pregnancy” cases only a narrow category of damages is available: those costs incurred during pregnancy, delivery and postpartum. But in this case, Grissel Velasco was seeking to recover a much broader category of damages — including the costs of rearing her daughter, mental anguish, and physical pain and suffering.
U.S. Fifth Circuit Rejects Environmental Complaints Against Offshore Oil Transfer Platform
In a decision filed Thursday, the U.S. Fifth Circuit upheld the federal permitting for the Sea Port Oil Terminal project, a massive crude pipeline network and storage facility to be located off the Texas coast. The appeals court refused a demand by environmental groups that the U.S. Maritime Administration revisit the environmental impact of the project for its potential harm to the ecological balance in the Gulf of Mexico and the possible extinction of the endangered Rice’s whale.
Fifth Circuit Hears Mining Companies’ Bid to Undo Pecan Farm’s Jury Win
Just east of Austin, Martin Marietta Materials and TXI Operations operate a sand and gravel mine on the banks of the Colorado River. Their neighbor across the river, on the northern bank, is Good River Farms, a 377-acre pecan farm containing about 8,000 trees that has been owned and operated by the Wimberly family since 1959. This lawsuit was spawned from a major rain event — described as a 120-year flood — that hit the area on Oct. 30, 2015.
Fifth Circuit Zeroes in on ‘Act of State Doctrine’ in Fight Between Heirs, Museum Over Painting
A doctrine intended to keep courts from second-guessing official actions of foreign governments was front-and-center during oral arguments Tuesday before a Fifth Circuit panel tasked with deciding whether to revive a lawsuit brought by a family that alleges a work of art sold under duress to a Nazi art dealer in the 1930s belongs to them and not the Museum of Fine Arts, Houston.
Tesla Urges Fifth Circuit to Revive Suit Over Louisiana Direct Sales Ban
Texas’ direct-to-consumer sales law is similar to Louisiana’s. A decision from the U.S. Court of Appeals for the Fifth Circuit panel could have implications for Texas, where Tesla has unsuccessfully lobbied to overturn the law.