Case Explained: Summary Calendar John Hurt Plaintiff— v. Brandon Garcia; Scott Sorbet; Julie Mandrell; Connie Hambrick; Hilltop Holdings, Incorporated; Dudley Strawn Defendants—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-07-29 The Fifth Circuit affirmed the district court’s dismissal of John Hurt’s employment discrimination and retaliation claims with prejudice. The court held that the second amended complaint filed by Hurt had no legal effect because it failed to comply with Federal Rule of Civil Procedure 15(a) and exceeded the scope of the magistrate judge’s repleading order, which only required repleading to satisfy heightened pleading standards under Rule 9. Consequently, the original petition remained the operative pleading. Regarding the denial of leave to amend, the court applied the abuse of discretion standard and found the district court did not err in determining that amendment would be futile. The underlying claims failed because federal statutes (ADEA, ADA, Title VII) and the Texas Labor Code do not provide for individual liability against co-workers or supervisors, and Hurt failed to exhaust administrative remedies before filing suit. Additionally, common law claims were dismissed as preempted, derivative, or legally insufficient. Because Hurt failed to brief arguments contesting these futility determinations or the merits of new claims added in the second amended complaint, he forfeited those issues on appeal. The practical consequence is that the dismissal stands and the case is closed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.