Designated for publication
- Gold Coast Commodities, Inc. v. Crum & Forster Specialty Insurance Co., 22-60247, appeal from S.D. Miss.
- Clement, J. (Clement, Oldham, Wilson), Oldham, J., concurring; insurance
- Affirming dismissal of insured’s suit against insurer on pollution liability policy, where insured sought defense from charges that it had intentionally dumped polluted polluted wastewater into city sewer system and policy only covered “accidents.”
- Judge Oldham concurred in the judgment, but for a different reason. He disagreed that the underlying complaint by the city stated a claim for intentional conduct, calling that complaint ambiguous at best. Instead, he would affirm the dismissal of the insured’s declaratory judgment action against the insurer because the insured’s tortious conduct allegedly commenced before the policy’s effective date.
Unpublished
- D2 Excavating, Inc. v. Thompson Thrift Construction, Inc., 21-40629, appeal from S.D. Tex.
- per curiam (King, Stewart, Haynes), breach of contract, attorneys’ fees
- Affirming judgment on remand from prior appeal regarding breach of contract claim, and judgment awarding attorneys’ fees, in breach of contract case arising from construction dispute.
- U.S. v. Maguina, 21-51163, appeal from W.D. Tex.
- per curiam (King, Higginson, Willett), criminal
- Affirming convictions, and upholding evidentiary rulings, for conspiracy to transport aliens and transportation of aliens.
- Luna v. Garland, 21-60195, petition for review of BIA order
- per curiam (Higginbotham, Southwick, Willett), immigration
- Granting Mexican citizen’s petition for review of BIA order dismissing his appeal of an immigration judge’s denial of his motion to rescind an in absentia removal order, vacating BIA order, and remanding for further proceedings.
- Allied World National Assurance Co. v. Old Republic General Insurance Corp., 22-10107, appeal from N.D .Tex.
- Oldham, J. (Stewart, Willett, Oldham), insurance
- Reversing district court’s judgment in favor of insurer on coverage dispute regarding employer liability exclusion in CGL policy.
- U.S. v. Reigle, 22-11052, appeal from N.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Hernandez v. UTMB Galveston Hospital, 22-20323, appeal from S.D. Tex.
- per curiam (Higginbotham, Graves, Ho), prisoner suit
- Affirming dismissal of Texas state prisoner’s § 1983 suit bringing claims under the ADA.
- U.S. v. Kelley, 22-30089, appeal from W.D. La.
- per curiam (Richman, Haynes, Graves), criminal
- Affirming conviction in murder-for-hire case, upholding district court’s evidentiary rulings.
- Reed v. Nacogdoches County, 22-40126, appeal from E.D. Tex.
- per curiam (Higginbotham, Jones, Oldham), prisoner suit
- Affirming summary judgment dismissal of pretrial detainee’s § 1983 claims.
- Drummer v. Maynard, 22-40449, appeal from S.D. Tex.
- per curiam (Elrod, Graves, Ho), prisoner suit
- Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 claims.
- Bage v. Galveston County, 22-40674, appeal from S.D. Tex.
- per curiam (Higginbotham, Graves, Ho), deliberate indifference
- Affirming dismissal of survivor’s deliberate indifference claim arising from death of inmate.
- U.S. v. Nix, 22-40675, appeal from E.D. Tex.
- per curiam (Barksdale, Elrod, Haynes), criminal, sentencing
- Affirming 576-month sentence on convictions of conspiracy to commit wire fraud, wire fraud, and money laundering.
- U.S. v. Valenzuela, 22-50617, appeal from W.D. Tex.
- per curiam (Barksdale, Elrod, Haynes), criminal, search and seizure
- Affirming conviction of possession with intent to distribute 50 grams or more of actual methamphetamine, upholding denial of motion to suppress.
- U.S. v. Rojero, 22-50744, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Wood v. Bexar County, 22-50888, appeal from W.D. Tex.
- per curiam (Clement, Graves, Wilson), qualified immunity
- Reversing qualified immunity dismissal of claims that arose from a traffic stop, and remanding for further proceedings.
- U.S. v. Hernandez-Cordova, 22-50937, appeal from W.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal, sentencing
- Affirming sentence on conviction of illegal reentry.
- U.S. v. Farmer, 22-60420, c/w 22-60421, appeal from S.D. Miss.
- per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
- Affirming 36-month term on revocation of supervised release.
- Amaya-Hernandez v. Garland, 22-60439, petition for review of BIA order
- per curiam (Higginbotham, Graves, Ho), immigration
- Denying Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of asylum, withholding of removal, and protection under the CAT.
- Konamudi v. Garland, 22-60629, petition for review of BIA order
- per curiam (Barksdale, Elrod, Haynes), immigration
- Dismissing in part and denying in part Indian citizen’s petition for review of BIA order denying motion to reopen.
Take the Fifth 