December 6, 2022, opinions


  • Varela-Ramirez v. Garland, 20-61112, petition for review of BIA order
    • per curiam (Richman, Dennis, Ho), immigration
    • Denying Honduran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of motion to reopen and to rescind absentia order of removal.
  • U.S. v. Orellana-Villegas, 21-40652, appeal from E.D. Tex.
    • per curiam (King, Stewart, Haynes), criminal, sentencing
    • Affirming 120-month sentence and conviction for illegal reentry.
  • Harrison v. Medtronic, Inc., 22-10201, appeal from N.D. Tex.
    • per curiam (Higginbotham, Duncan, Engelhardt), products liability
    • Affirming in part and reversing in part and remanding for further proceedings, affirming dismissal of manufacturing and marketing defect claims related to pacemaker, but reversing dismissal of design defect claim and implied warranty claim.
  • Rollo v. Escobedo, 22-50026, appeal from W.D. Tex.
    • per curiam (Wiener, Higginson, Wilson), legal malpractice, breach of fiduciary duty
    • Affirming summary judgment dismissal of legal malpractice and breach of fiduciary claims.
  • Britt v. Mississippi Farm Bureau Casualty Insurance Co., 22-60094, appeal from N.D. Miss.
    • per curiam (King, Stewart, Haynes), employment discrimination
    • On 1292(b) appeal, reversing district court’s holding in denying summary judgment on other issues that the defendants had waived the issue of the plaintiff’s status as their employee, and remanding for further proceedings.
  • U.S., ex rel. Jehl v. GGNSC Southaven, L.L.C., 22-60209, appeal from N.D. Miss.
    • per curiam (Richman, Stewart, Haynes), qui tam, False Claims Act
    • Affirming summary judgment dismissing plaintiff’s Flase Claims Act qui tam action.