November 19, 2021, opinions

Posted on by tadbartlett

Designated for publication

  • Admar International, Inc. v. Eastrock, L.L.C., 21-30098, appeal from W.D. La.
    • Ho, J. (Higginbotham, Smith, Ho), personal jurisdiction
    • Affirming dismissal of copyright and trademark claims on the basis of lack of personal jurisdiction.
    • Holding that “Merely running a website that is accessible in all 50 states, but that does not specifically target the forum state, is not enough to create the ‘minimum contacts’ necessary to establish personal jurisdiction in the forum state under International Shoe Co. v. Washington, 326 U.S. 310, 316 (1945). The defendant must take the additional step of targeting the forum state in a manner that reflects ‘purposeful availment’ of the opportunity to do business in that state.”
    • “Louisiana residents can access Eastrock’s website, no less than residents of other states. But as our cases suggest, and as we now expressly hold, a defendant does not have sufficient minimum contacts with a forum state just because its website is accessible there. The defendant must also target the forum state by purposefully availing itself of the opportunity to do business in that state. And here, there is no evidence that Eastrock targets Louisiana: Eastrock has not sold a single accused product to a Louisiana resident, and it solicits no business there through targeted advertising. That ends this case.”
  • Cody v. Allstate Fire and Casualty Insurance Co., 21-10220, appeal from N.D. Tex.
    • per curiam (Higginbotham, Smith, Ho), Ho, J., concurring in part, would certify one question to the Texas Supreme Court; insurance
    • Affirming dismissal of putative class action regarding insurer’s method of calculation actual cash value for total-loss vehicles.
    • Holding that, under Texas law, there is no requirement of taxes and fees to be included in the ACV calculation.
    • Holding that, under Texas law, there is no legal authority requiring the “Comparable Sales Approach” to calculating ACV. (Judge Ho would have certified this question to the Texas Supreme Court).

Unpublished

  • Gibson v. Wayfair, Inc., 18-20511, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Graves), employment discrimination, Americans with Disabilities Act, Title VII
    • Affirming summary judgment dismissing plaintiff’s claims against former employer under the ADA, Title VII, and the Genetic Information Nondiscrimination Act.
  • Triplett v. Banks, 19-60770, appeal from S.D. Miss.
    • per curiam (Barksdale, Costa, Engelhardt), prisoner suit
    • Affirming dismissal of prisoner’s claims challenging conditions of his confinement, handling of his inmate trust account, denial of adequate medical care, and denial of adequate food.
  • Harvey v. Abbott, 20-20279, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Graves), prisoner suit
    • Affirming dismissal of prisoner’s suit challenging the constitutionality of Texas Government Code § 508.149(b) and (d), which relate to an inmate’s release on mandatory supervision.
  • Thoele v. Lewis, 20-20549, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), prisoner suit
    • Dismissing as frivolous prisoner’s appeal from dismissal of § 1983 claims.
  • Hernandez v. Cooper, 20-40607, appeal from E.D. Tex.
    • per curiam (Smith, Stewart, Graves), prisoner suit
    • Dismissing as frivolous prisoner’s appeal of dismissal of suit alleging unconstitutional deprivation of property when Officer Karry Cooper violated prison procedure for packing inmate property, resulting in the theft of several of Hernandez’s recently purchased stamps.
  • Jones v. EEOC, 21-10914, appeal from N.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), subject matter jurisdiction
    • Affirming dismissal of Title VII claims against the EEOC for alleged failure to investigate claims, and dismissal of 14th Amendment claims brought against EEOC employees in their official capacities.
  • U.S. v. Patterson, 21-20253, appeal from S.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Brown, 21-30137, appeal from W.D. La.
    • per curiam (Barksdale, Costa, Engelhardt), criminal, sentencing
    • Affirming 84-month sentence on conviction of possession of a firearm by a convicted felon.
  • U.S. v. Sayers, 21-40351, appeal from E.D. Tex.
    • per curiam (King, Costa, Ho), criminal, guilty plea, sentencing
    • Affirming guilty plea conviction of wire fraud and aggravated identity theft, and 132-month sentence.
  • U.S. v. Licona-Rodriguez, 21-50286, appeal from W.D. Tex.
    • per curiam (King, Costa, Ho), criminal, sentencing
    • Granting summary affirmance of 24-month sentence for illegal reentry.
  • U.S. v. Sierra-Rodriguez, 21-50596, appeal from W.D. Tex.
    • per curiam (King, Costa, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Smith, 21-60422, appeal from S.D. Miss.
    • per curiam (King, Costa, Ho), criminal, sentencing
    • Affirming 24-month revocation sentence.