Take the Fifth: March 9, 2021 opinions

Designated for publication Williams v. Lockheed Martin Corp., 18-31162, appeal from E.D. La. Owen, C.J. (Owen, Willett, Oldham), federal officer jurisdiction, asbestos, sanctions Denying petition for en banc rehearing, granting petition for panel rehearing, vacating panel opinion, and issuing new decision affirming district court’s denial of motion to remand, summary judgment dismissal of asbestos-exposure claims, … More Take the Fifth: March 9, 2021 opinions

Take the Fifth: March 8, 2021 opinions

Designated for publication U.S. v. Masha, 19-20673, appeal from S.D. Tex. Jones, J. (Jones, Clement, Graves), criminal, sufficiency of evidence, sentencing Affirming conviction and sentence on eight counts of false use of a passport under 18 U.S.C. § 1543, and vacating (with government’s acquiescence) conviction and sentence on eight counts of misuse of a passport … More Take the Fifth: March 8, 2021 opinions

Take the Fifth: March 5, 2021 opinions

Designated for publication Playa Vista Conroe, a Condominium Association v. Insurance Co. of the West, 20-20307, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), insurance Affirming summary judgment holding insurer liable for coverage of Hurricane Harvey damage to boat slips suffered by condo association when the Lake Conroe Dam was opened by the San … More Take the Fifth: March 5, 2021 opinions

Take the Fifth: March 4, 2021 opinions

Designated for publication U.S. v. Clark, 19-10186, appeal from N.D. Tex. Costa, J. (Higginbotham, Costa, Oldham), criminal, garnishment Affirming district court’s garnishment order on defendant’s brokerage account and IRA account funds, as not being “income” necessary to comply with child support orders. After examining the distinction between “income” and “assets,” the Court held that “the … More Take the Fifth: March 4, 2021 opinions

Take the Fifth: March 3, 2021 opinions

Designated for publication U.S. v. Johnson, 19-30921, appeal from W.D. La. Dennis, J. (Dennis, Higginson, Willett), criminal, sufficiency of evidence, due process, sentencing Affirming convictions of co-defendants for the armed robbery of two banks and one credit union and with related firearms offenses and sentences of 498 months for one defendant and 339 months for … More Take the Fifth: March 3, 2021 opinions

Take the Fifth: March 2, 2021 opinions

Unpublished Lopez De Villeda v. Wilkinson, 19-60513, petition for review of BIA order per curiam (Davis, Southwick, Costa), immigration Affirming BIA’s final order of removal, on El Salvadoran citizens’ petition for review. U.S. v. Douglas, 20-10175, appeal from N.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming within-guidelines sentence of 108 months on guilty … More Take the Fifth: March 2, 2021 opinions

Take the Fifth: March 1, 2021 opinions

Texas Association of Manufacturers v. U.S. Consumer Product Safety Commission, 17-60836, on petition for review of an order of the CPSC Owen, C.J. (Owen, Southwick, Higginson), administrative law, standing, Administrative Procedures Act Holding that the Consumer Product Safety Commission (“CPSC”) procedurally erred in promulgating a final rule limiting the concentration of 5 phthalates in children’s … More Take the Fifth: March 1, 2021 opinions

Take the Fifth: Feb. 26, 2021 opinions

Designated for publication Wickfire, LLC v. Woodruff, 17-50340, appeal from W.D. Tex. Owen, C.J. (Owen, Dennis, Southwick), sufficiency of evidence, jurisdiction, Lanham Act, tortious interference, civil conspiracy Affirming in part and reversing in part district court judgment based on jury verdict on cross-claims between two internet advertising ventures arising from auctions for Google ad placement … More Take the Fifth: Feb. 26, 2021 opinions