May 3, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Texxon Petrochemicals, L.L.C. v. Getty Leasing, Inc., 22-40537, appeal from E.D. Tex.
    • Higginson, J. (Clement, Graves, Higginson), breach of contract, mootness
    • Affirming district court’s affirmance of bankruptcy court’s denial of motion to assume an executory contract, upholding finding that there was insufficient evidence in the record to show that, under Texas law, there was sufficient identification of the property or an offer or acceptance to form a contract to assume.
    • The Court first held that the dismissal of the underlying bankruptcy proceeding did not moot the appeal. “Although Getty Leasing phrases the issue in terms of constitutional mootness, Getty Leasing does not dispute that the primary issue on appeal— the validity of the alleged contract—still exists between the parties, and that Texxon still has an interest in its resolution.” The Court found that it could affirm the ruling as to the existence of a contract on the merits without ruling on unresolved bankruptcy issues.
    • On the merits, the Court held that a brief email exchange without any follow-up as to details of a proposed purchase of property did not sufficiently create a contract that could be assumed.

Unpublished

  • U.S. v. Ehret, 21-40916, appeal from S.D. Tex.
    • per curiam (Clement, Graves, Wilson), criminal, compassionate release
    • Affirming denial of compassionate release from term of supervised release conditions.
  • U.S. v. Perez-Escobar, 22-20601, appeal from S.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • Salim v. Louisiana Health Service & Indemnity Co., 22-30573, appeal from W.D. La.
    • per curiam (Higginbotham, Southwick, Willett), insurance
    • Affirming district court’s judgment ordering Blue Cross to provide coverage for proton beam therapy as medically necessary to treat plaintiff’s throat cancer.
  • O’Dwyer v. Carter, 22-30614, appeal from E.D. La.
    • per curiam (Higginbotham, Southwick, Willett), attorney discipline
    • Affirming dismissal of pro se suit filed by attorney who had been disbarred from practice in front of the district court, where he had failed to comply with the conditions imposed in his disbarment as to steps he must take before filing any pleadings in that court.
  • U.S. v. Sandoval-Chavez, 22-40703, appeal from E.D. Tex.
    • per curiam (Stewart, Dennis, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Rodriguez-Pedraza, 22-40780, appeal from S.D. Tex.
    • per curiam (Elrod, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Ituah v. Austin State Hospital, 22-50305, appeal from W.D. Tex.
    • per curiam (Graves, Ho, Duncan), Americans with Disabilities Act, § 1983
    • Affirming summary judgment dismissal of ADA and § 1983 claims by patient at state mental hospital.
  • U.S. v. Evans, 22-50741, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Bolding, 22-50755, appeal from W.D. Tex.
    • per curiam (Davis, Duncan, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Nolasco-Ariza, 22-50943, appeal from W.D. Tex.
    • per curiam (Davis, Duncan, Engelhardt), criminal
    • Affirming conviction for illegal reentry.
  • U.S. v. Lares-Nunez, 22-50966, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • Irias-Amaya v. Garland, 22-60179, petition for review of BIA order
    • per curiam (Clement, Graves, Higginson), immigration
    • Denying in part and dismissing in part Honduran citizens’ petition for review of BIA order denying asylum and withholding of removal.