Designated for publication Schweizer v. Canon, Inc., 20-20071, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), False Claims Act, qui tam Affirming summary judgment dismissal of plaintiff’s qui tam action under the False Claims Act alleging that Canon overcharged the U.S. for office equipment and provided non-compliant office products, holding that the claims were … More August 12, 2021 opinions
Designated for publication Spikes v. McVea, 19-30019, appeal from E.D. La. Higginbotham, J. (Higginbotham, Smith, Dennis), Smith, J., dissenting; prisoner suit, qualified immunity Affirming district court’s denial of qualified-immunity-based summary judgment in favor of defendant prison medical staff members, on prisoner plaintiff’s claim of an Eighth Amendment violation arising from deliberate indifference for six weeks … More August 11, 2021 opinions
Designated for publication U.S. v. Butler, 19-40095, appeal from E.D. Tex. Smith, J. (Owen, Smith, Graves), criminal, sentencing Affirming imposition of special conditions of release and temporary denial of federal benefits as part of sentence on guilty plea to conspiracy to possess methamphetamine. Defendant entered into a guilty plea agreement that indicated a sentence of … More August 10. 2021 opinions
Designated for publication Hale v. Harrison County Board of Supervisors, 17-60246, appeal from S.D. Miss. per curiam (Davis, Haynes, Oldham), prisoner suit Dismissing appeal of summary judgment dismissal of prisoner’s seventh of at least twelve federal lawsuits and imposition of third strike under the Prison Litigation Reform Act, and barring plaintiff from filing “additional abusive … More Aug. 9, 2021 opinions
Designated for publication Johnson v. PRIDE Industries, Inc., 19-50173, appeal from W.D. Tex. Dennis, J. (Dennis, Elrod, Costa), employment discrimination Affirming in part, reversing in part, and remanding summary judgment dismissal of plaintiff’s § 1981 employment discrimination and retaliation claims against former employer. The Court held that the plaintiff raised a genuine issue of material … More August 6, 2021 opinions
Designated for publication Parish of Plaquemines v. Chevron USA, Inc., 19-30492, appeal from E.D. La.; c/w Parish of Cameron v. BP America Production Co., 19-30829, appeal from W.D. La. Ho, J. (Ho, Engelhardt, Oldham), removal Granting panel rehearing, withdrawing original panel opinion, denying en banc rehearing; affirming in part, reversing in part, and remanding for … More August 5, 2021 opinions
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 … More August 4, 2021 opinions
Designated for publication Quadvest, L.P. v. San Jacinto River Authority, 20-20447, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), antitrust law Affirming denial of state-action immunity on behalf of water authority, against which plaintiff investor-owned utilities had brought claims under Section 1 of the Sherman Act. Defendant water authority, the SJRA, is a political … More August 3, 2021 opinions
Designated for publication Kaswatuka v. U.S. Department of Homeland Security, 20-10632, appeal from N.D. Tex. Stewart, J. (Stewart, Costa, Willett), employment discrimination, Title VII, Americans with Disabilities Act Affirming 12(b)(6) dismissal of plaintiff’s employment discrimination claims against the TSA. The Court first held that the plaintiff had waived any arguments other than those directly related … More August 2, 2021 opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More July 2021 statistics
Take the Fifth 