Unreported / Non-Citable
Background
Clifton Riley brought a trip-and-fall suit arising from an incident at a Nike retail store. He filed the action in state court, asserting negligence and premises-liability claims against Nike Retail Services, Incorporated.
Nike removed the case to the U.S. District Court for the Southern District of Texas under 28 U.S.C. § 1441(b). The district court granted summary judgment to Nike, and Riley appealed.
The Court’s Holding
The Fifth Circuit affirmed the district court’s judgment. Applying de novo review, the panel concluded that summary judgment for Nike should stand.
The unpublished per curiam opinion adopted substantially the reasons given in the district court’s opinion. The Fifth Circuit did not separately describe those reasons or provide additional analysis of Riley’s negligence and premises-liability claims.
Key Takeaways
- The Fifth Circuit affirmed summary judgment for Nike in Riley’s trip-and-fall action.
- The court reviewed the summary-judgment ruling de novo.
- The unpublished opinion relied substantially on the district court’s reasoning without independently detailing it.
Why It Matters
The decision leaves Nike’s summary-judgment victory intact but provides little new appellate guidance on negligence or premises liability. Attorneys assessing the substantive basis for the ruling must consult the district court’s opinion, which supplied the reasoning the Fifth Circuit adopted.