March 24, 2023, opinions

Designated for publication

  • Corporativo Grupo R SA DE C.V. v. Marfield Ltd. Inc., 22-20345, appeal from S.D. Tex.
    • Wiener, J. (Wiener, Stewart, Engelhardt), breach of contract
    • Affirming judgment that original ship owners were in default on their loan agreements for the mortgages that financed construction of the vessels, and that, under Panamanian law, the lenders’ preferred ship mortgages outranked the state-created liens of a purchaser who agreed to purchase the vessels and then had the vessels attached under Texas law.
  • Credos Industrial Supplies & Rentals, L.L.C. v. Targa Pipeline Mid-Continent WestTex, L.L.C., 22-20480, appeal from S.D. Tex.
    • Douglas, J. (Smith, Elrod, Douglas), quantum meruit, unjust enrichment, breach of contract
    • Affirming dismissal of adversary proceeding claims for quantum meruit and unjust enrichment, seeking payment of unpaid invoices arising from the construction of a natural gas processing plant.
    • The Court held that the quantum meruit and unjust enrichment claims were barred by the existence of an express contract for the services at issue.
    • The Court referred to infer a breach of contract claim from the plaintiff’s complaint or amended complaint, where it had multiple opportunities to amend and add a breach of contract claim but failed to do so.
  • Cunningham v. Circle 8 Crane Services, L.L.C., 22-50170, appeal from W.D. Tex.
    • Haynes, J. (Elrod, Haynes, Willett), Fair Labor Standards Act
    • Affirming summary judgment dismissing crane operator’s FLSA claim for overtime pay, on basis that Motor Carrier Act’s provisions applicable to the operator as a “mechanic” exempted him from the FLSA’s overtime provisions.
  • Consumers’ Research v. Federal Communications Commission, 22-60008, petition for review of FCC order
    • Stewart, J. (Richman, Stewart, Haynes), nondelegation doctrine, administrative law
    • Denying petition for review of FCC order on basis that there were no nondelegation doctrine violations in Congress’s delegation of the Universal Service Fund to the FCC or in the FCC’s subsequent reliance on a private entity for ministerial support.


  • U.S. v. Johnson, 21-30459, appeal from E.D. La.
    • per curiam (Smith, Stewart, Graves), criminal, First Step Act
    • On remand from the U.S. Supreme Court, vacating the district court’s denial of a motion for sentence reduction under the First Step Act and remanding to the district court for reconsideration in light of Concepcion v. United States, 142 S. Ct. 2389 (2022).
  • Soto v. Bautista, 21-40803, appeal from S.D. Tex.
    • per curiam (Smith, Clement, Haynes), qualified immunity
    • Dismissing appeal in part, and affirming in part and reversing in part denial of summary judgment motion as to various officer defendants’ qualified immunity defense to excessive force (affirming denial of MSJ) and bystander liability (reversing denial of MSJ) claims arising from plaintiffs’ multiple injuries inflicted after he had spat on an arresting officer.
  • Graham v. Savage, 22-50111, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), Rooker-Feldman Doctrine
    • Affirming Rooker-Feldman Doctrine-based dismissal of claims arising from promissory notes, deeds of trust, and foreclosures in series of disputes coming out of siblings’ succession to parents’ estate.
  • U.S. v. Castaneda, 22-50545, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.