August 4, 2021 opinions

Posted on by tadbartlett
  • Air Evac EMS, Inc. v. Sullivan, 18-50722, appeal from W.D. Tex.
    • Ho, J. (Stewart, Clement, Ho), preemption
    • Affirming summary judgment in favor of plaintiff, to enjoin enforcement of provisions of the Texas Workers’ Compensation Act that put caps on the amount insurers must pay providers of emergency air transport services, on the basis that the TWCA provisions are preempted by the federal Airline Deregulation Act.
    • The Airline Deregulation Act provides that “states ‘may not enact or enforce a law, regulation, or other provision … related to a price, route, or service of an air carrier that may provide air transportation under this subpart.'” The Court held that the McCarran-Ferguson Act does not save the TWCA because “[t]he McCarran–Ferguson Act concerns state efforts to regulate the relationship between insurers and insureds—not between insurers and providers.”
  • HBC Financial Corp. v. McPherson, 20-50718, appeal from W.D. Tex.
    • Clement, J. (Clement, Haynes, Wilson), RICO
    • Affirming dismissal of civil RICO claim on the basis that no damages were available–thus stripping the RICO claim of an essential element–after the underlying debt had been satisfied, even though treble the amount of the underlying debt would have been available under RICO.

Unpublished

  • A.J. Rabe, Inc. v. Farm Service Agency, 19-50796, appeal from W.D. Tex.
    • per curiam (Stewart, Costa, Willett), administrative law
    • Affirming dismissal of plaintiff’s claims that Farm Service Agency violated its own procedures in reviewing and denying loan.
  • Mauricio-Benitez v. Garland, 19-60546, petition for review of BIA order
    • per curiam (Barksdale, Graves, Oldham), immigration
    • On remand from the U.S. Supreme Court, remanding to BIA to reconsider in light of Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021).
  • Arevalo-Martinez v. Garland, 19-60919, petition for review of BIA order
    • per curiam (Stewart, Costa, Willett), immigration
    • Denying petition for review of BIA order that IJ had jurisdiction and that petition had proper notice of his removal proceeding.
  • U.S. v. Finley, 20-10838, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, First Step Act
    • Granting summary affirmance of denial of motion for sentence reduction under the First Step Act.
  • Sanders v. The Boeing Co., 20-10882, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Willett), subject-matter jurisdiction
    • Affirming dismissal of plaintiffs’ tort claims against defendant for lack of subject-matter jurisdiction.
  • Rodriguez v. Carroll, 20-20592, appeal from S.D. Tex.
    • per curiam (Davis, Haynes, Oldham), immigration
    • Affirming district court’s dismissal of plaintiff’s lawsuit challenging the United States Customs and Immigration Service’s (“USCIS”) denial of his petition for Special Immigrant Juvenile (“SIJ”) status.
  • U.S. v. Jones, 20-50746, appeal from W.D. Tex.
    • per curiam (Davis, Stewart, Dennis), criminal, sentencing
    • Affirming 72-month sentence of defendant on conviction of possession of a firearm by a convicted felon and receipt of a firearm by a convicted felon.
  • Parks v. Dean, 20-61199, appeal from S.D. Miss.
    • per curiam (Jones, Southwick, Engelhardt), § 1983
    • Affirming dismissal of § 1983 claim.
  • U.S. v. Hupp, 21-10029, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.