Take the Fifth

Designated for publication

• HTC Corp. v. Telefonaktiebolaget LM Ericsson, 19-40566 c/w 19-40643, appeal from E.D. Tex.
  • Elrod, J. (Jones, Elrod, Higginson), Higginson, J., concurring; breach of contract
  • [Take the Fifth is dealing with Hurricane Ida response issues right now, so will lean heavily on the judges’ introductory paragraphs to get you the gist of these opinions]: “After negotiations for a patent licensing agreement soured, the plaintiffs sued the defendants and alleged that they had breached their contractual obligation to offer a license on fair, reasonable, and non-discriminatory terms. The jury found in the defendants’ favor, and the district court entered a separate declaratory judgment holding that the defendants had affirmatively complied with their contractual obligations. Now, the plaintiffs appeal, challenging the district court’s declaratory judgment in the defendants’ favor (which relies on the facts found by the jury) and certain of the district court’s jury instructions and evidentiary rulings. Finding no error in any of the district court’s decisions, we AFFIRM.”
  • Judge Higginson concurred: “I write separately because, in my view, the district court erred when it refused to incorporate a mutually-requested apportionment instruction. However, because the district court’s error did not seriously impair HTC’s ability to present its case, I concur in the judgment.”

• Gutierrez v. Garland, 19-60408, petition for review of BIA order
  • Duncan, J. (Davis, Duncan, Oldham), immigration
  • Denying petition for review of BIA order denying appeal of IJ’s denial of protection under the Convention Against Torture: “We deny his petition. Tabora Gutierrez, ably represented by pro bono counsel, makes a compelling humanitarian case for why removing him to Honduras will effectively abandon him to torture and death at the hands of MS-13 thugs. Yet to make out a CAT claim, the law demands that this violence will likely occur ‘with the consent or acquiescence’ of Honduran officials, 8 C.F.R. § 1208.18(a)(1), and the IJ and the BIA found that it would not. We can reverse that finding only if the evidence compels a contrary conclusion. Iruegas-Valdez v. Yates, 846 F.3d 806, 810 (5th Cir. 2017). It does not. We must therefore deny the petition.”

Unpublished

• Jones v. Givens, 19-50465, appeal from W.D. Tex.
  • per curiam (Elrod, Southwick, Costa), prisoner suit
  • Vacating district court’s dismissal of prisoner’s 1983 claim on exhaustion-of-remedies grounds and remanding for further proceedings.

• Stafford v. Wilmington Trust National Association, 20-11075, appeal from N.D. Tex.
  • per curiam (Higginbotham, Willett, Duncan), foreclosure
  • Affirming summary judgment in favor of defendant in foreclosure-related litigation.

• Damond v. State of Louisiana, 20-30684, appeal from M.D. La.
  • per curiam (Stewart, Haynes, Ho), prisoner suit
  • Dismissing as frivolous appeal from dismissal of prisoner’s 1983 claim.

• Amador v. Wolfe, 20-50646, appeal from W.D. Tex.
  • per curiam (Jones, Southwick, Engelhardt), excessive force
  • Affirming dismissal of plaintiff’s excessive force claims.

• U.S. v. Lopez-Ordonez, 20-51045 c/w 20-51047, appeal from W.D. Tex.
  • per curiam (Davis, Jones, Elrod), criminal, sentencing
  • Granting summary affirmance of 21-month sentence on conviction of illegal reentry.

• Aguilar-De Martinez v. Garland, 20-60277, petition for review of BIA order
  • per curiam (Davis, Jones, Elrod), immigration
  • Dismissing in part and denying in part Salvadoran citizens’ petition for review of BIA order dismissing their appeal of the denial by the immigration judge (IJ) of their applications for asylum, withholding of removal, and protection under the Convention Against Torture.

• Patil v. Amber Lagoon Shipping GmbH & Co., 21-30004, appeal from E.D. La.
  • per curiam (Stewart, Ho, Engelhardt), Longshore and Harbor Workers’ Compensation Act
  • Affirming dismissal of plaintiffs’ LHWCA claims.

• U.S. v. Ceron-Ortiz, 21-50186, appeal from W.D. Tex.
  • per curiam (Davis, Jones, Elrod), criminal, sentencing
  • Granting summary affirmance of 30-month sentence for illegal reentry.

• U.S. v. Murillo-Portales, 21-50371, appeal from W.D. Tex.
  • per curiam (Davis, Jones, Elrod), criminal, sentencing
  • Granting summary affirmance of 21-month sentence on conviction for illegal reentry.

• U.S. v. Crosby, 21-60063, appeal from S.D. Miss.
  • per curiam (Smith, Stewart, Graves), criminal, guilty plea
  • Dismissing appeal of sentence for conviction of possessing methamphetamine with intent to distribute, under guilthy-plea appeal-waiver.