January 11, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Civelli v. J.P. Morgan Securities, L.L.C., 21-20618, appeal from S.D. Tex.
    • Smith, J. (Smith, Haynes, by quorum); attorneys’ fees, breach of fiduciary duty
    • Affirming summary judgment in favor of defendants on plaintiffs’ claims for breach of fiduciary duty, negligence, and conspiracy to commit theft, and affirming award of attorneys’ fees.
    • The district court awarded summary judgment to J.P. Morgan entities on the plaintiffs’ claims that J.P. Morgan enabled the transfer of stock shares from the plaintiffs to other defendants with which the plaintiffs had an oral loan agreement, without the authorization required by that alleged oral loan agreement. The plaintiffs’ claims were brought under the Texas Theft Liability Act.
    • The Court held that the plaintiffs’ breach of fiduciary claim was time-barred because the damage occurred at the time the shares were transferred, and it was indisputable on the record that the plaintiffs had knowledge of the transfer at least by February 2014.
    • The Court then held that there was no genuine dispute of material fact that the J.P. Morgan entities did not agree to undertake a fiduciary relationship with plaintiffs. Without evidence of an agreement to take on a fiduciary duty with regard to transfer of the shares, the Court held that there was no genuine dispute as to the lack of a meeting of minds for purposes of plaintiffs’ conspiracy to commit theft claim.
    • Addressing a novel issue, the Court held that a common law conspiracy claim to commit a TTLA theft is a trigger for attorneys’ fee liability under the TTLA.
  • U.S. v. Melendez, 21-50676, appeal from W.D. Tex.
    • Higginbotham, J. (Higginbotham, Southwick, Higginson), criminal, sentencing
    • Affirming 290-month sentence on conviction of conspiracy to possess with intent to distribute and conspiracy to distribute over 500 grams of methamphetamine, upholding 2-level enhancement for recklessly creating a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer, where the evidence sufficiently showed on plain error review that the defendant tossed several ounces of methamphetamine out the car window during pursuit.
  • Highland Capital Management Fund Advisors, L.P. v. Highland Capital Management, L.P., 22-10189, appeal from N.D. Tex.
    • King, J. (King, Stewart, Haynes), bankruptcy
    • Dismissing appeal in part, and affirming judgment of district court affirming order by bankruptcy court approving indemnity sub-trust after approval of reorganization.
    • The Court held that appellants failed to preserve in their 8009 statement the issue of any error in the bankruptcy court’s dismissal of one appellant for lack of standing.
    • The Court then affirmed the establishment of an indemnity sub-trust as being within the contemplation of the reorganization plan.

Unpublished

  • Thompson v. Hammond City, 20-30056, appeal from E.D. La.
    • per curiam (Richman, Davis, Southwick), qualified immunity
    • Affirming summary judgment dismissing plaintiff’s claims against police officers for failure to have probable cause in making arrest, on qualified immunity grounds.
  • U.S. v. Blake, 21-50215, c/w 21-51194, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Heredia, 21-50627, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming conviction of possession with the intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine; but vacating 188-month sentence based on habitual offender enhancement, and remanding for resentencing.
  • U.S. v. Gonzalez-Enriquez, 22-10199, appeal from N.D. Tex.
    • per curiam (Barksdale, Elrod, Haynes), criminal, sentencing
    • Affirming 52-month sentence on conviction of illegal reentry.
  • U.S. v. Ramos, 22-101346, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motiont o withdraw, and dismissing appeal.
  • Morkos v. DNV GL USA, Inc., 22-20267, appeal from S.D. Tex.
    • per curiam (King, Higginson, Willett), employment discrimination, Title VII
    • Affirming dismissal of employee’s discrimination claims against employer’s parent company.
  • Robinson v. Goodwin, 22-30358, appeal from W.D. La.
    • per curiam (Stewart, Willett, Douglas), habeas corpus
    • Dismissing for lack of appellate jurisdiction appeal from denial of motion for appointment of counsel for habeas proceeding.
  • U.S. v. Wordlaw, 22-30365, appeal from W.D. La.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming 234-month sentence on conviction of possession with intent to distribute methamphetamine.
  • U.S. v. Broussard, 22-40062, appeal from E.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Maradiaga-Larios, 22-40382, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Janise, 22-40489, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Gonzalez, 22-50049, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Affirming 78-month sentence on conviction of possession of a firearm by a felon.
  • U.S. v. Hinkle, 22-50059, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Covey, 22-50093, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Cole, 22-50142, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Graves, 22-50236, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Abdullah v. State of Texas, 22-50347, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Oldham), sec. 1983
    • Affirming dismissal of pro se sec. 1983 claims, and issuing sanctions warning.
  • Graves v. Hartley, 22-50430, appeal from W.D. Tex.
    • per curiam (Haynes, Engelhardt, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s sec. 1983 action.
  • U.S. v. Castellanos-Haro, 22-50717, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.