Take the Fifth

Designated for publication

• Dillon Gage, Inc. v. Certain Underwriters at Lloyds, 20-10262, appeal from N.D. Tex.
  • Graves, J. (Barksdale, Southwick, Graves), insurance
  • After receiving answer to certified question from Texas Supreme Court, affirming district court’s summary judgment dismissing claim against insurer arising from million-dollar-plus loss of plaintiff who sent gold coins to a thief who forged check payments and intercepted the shipment of coins.
  • The Texas Supreme Court had held that a coverage exclusion for losses incurred “consequent upon” handing over insured property to a third party against payment by a fraudulent check applied to foreclose coverage for the loss. That court held that “consequent upon” established a but-for causation element into the exclusion language, and held that, but for the plaintiff handing over the gold coins after payment by the fraudulent check, the plaintiff would not have incurred the loss.

Unpublished

• U.S. v. Tobar-Zanas, 21-10788, appeal from N.D. Tex.
  • per curiam (Wiener, Dennis, Haynes), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• Lamar County Electric Cooperative Association v. McInnis Brothers Construction, Inc., 21-40292, appeal from E.D. Tex.
  • per curiam (Jones, Haynes, Costa), breach of contract, forum
  • Affirming remand to state court based on Texas state court forum selection clause in contract that was the basis for the breach of contract claim.

• U.S. v. Arteaga-Centeno, 21-40598, appeal from S.D. Tex.
  • per curiam (Jolly, Willett, Engelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Batz-Mejia, 21-51011, c/w 21-51023, appeal from W.D. Tex.
  • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
  • Granting summary affirmance of sentence for illegal reentry.