Case: 21-50012 Document: 00515918452 Page: 1 Date Filed: 06/29/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 29, 2021
No. 21-50012
Lyle W. Cayce
Clerk
Vinay Yadav,
Plaintiff—Appellant,
versus
Frost Bank,
Defendant—Appellee.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:20-CV-005
Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
This case arises out of Frost Bank’s termination of Vinay Yadav and
its alleged use of the San Antonio Police Department to remove him from
bank premises. Adopting a thorough opinion of the magistrate judge, the
district court dismissed Yadav’s claims for retaliatory discharge, defamation,
RICO, and intentional infliction of emotional distress. The court denied the
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-50012 Document: 00515918452 Page: 2 Date Filed: 06/29/2021
No. 21-50012
motion to dismiss his assault claim and remanded that claim to state court as
the RICO dismissal meant there was no longer a federal claim in the case. See
28 U.S.C. § 1367(c).
Yadav appeals the dismissal of his claims. Having reviewed the briefs,
Yadav’s pleadings, and the applicable law, we agree with the court’s
dismissal of all but the assault claim essentially for the reasons stated in the
magistrate judge’s opinion. Yadav’s brief also discusses the assault claim,
but that claim was appropriately sent back to state court. As a result, we have
no basis for considering Yadav’s arguments relating to the assault claim.
Affirmed.
2