July 12, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Rodriguez v. Safeco Insurance Company of Indiana, 22-11070, appeal from N.D. Tex.
    • Douglas, J. (Higginbotham, Graves, Douglas), insurance
    • Certifying to Texas Supreme Court question of whether attorneys’ fees are still owed under the Texas Prompt Payment of Claims Act after insurer makes payment of appraisal award plus interest.
  • Flores v. FS Blinds, L.L.C., 22-20095, appeal from S.D. Tex.
    • Wilson, J. (Wiener, Higginson, Wilson), Fair Labor Standards Act
    • Reversing dismissal of plaintiffs’ FLSA overtime claims, holding that plaintiffs met their burden to show at the summary judgment stage that they had worked overtime; and remanding to district court to determine whether plaintiffs were employees or independent contractors of the defendant.
  • Amberson v. McAllen, 22-50788, appeal from W.D. Tex.
    • Higginson, J. (Graves, Higginson, Douglas), arbitration, res judicata
    • Affirming summary judgment in favor of objector to bankruptcy discharge, holding that arbitration award had preclusive effect under doctrine of collateral estoppel and could not be discharged.
    • Although the arbitration award disclaimed that it was a “reasoned award” and not “formal findings of fact and law,” the Court held that the 53-page, single-spaced award, based on 10 and a half days of hearing, more than 300 exhibits, and testimony of 16 live witnesses, met the three requirements for collateral estoppel under federal law.

Unpublished

  • Max-George v. Myrick, 21-20281, appeal from S.D. Tex.
    • per curiam (Haynes, Engelhardt, deGravelles, by designation), prisoner suit
    • Affirming dismissal of Texas state prisoner’s claims arising from traffic stop.
  • U.S. v. Rodriguez, 22-10813, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Curiel, 22-10917, appeal from N.D. Tex.
    • per curiam (Jones, Elrod, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mulder, 22-20666, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Fezia, 22-30391, appeal from W.D. La.
    • per curiam (Richman, Southwick, Oldham), criminal, Sixth Amendment
    • Affirming conviction of defendant for sex trafficking and attempting to entice a minor to engage in prostitution, finding no clear error.
  • Daigle v. Kijakazi, 22-30721, appeal from E.D. La.
    • per curiam (King, Smith, Elrod), social security
    • Affirming denial of disability benefits.
  • Savvy Ventures, L.L.C. v. Robinson, 22-40699, appeal from E.D. Tex.
    • per curiam (Clement, Elrod, Ho), removal jurisdiction
    • Affirming order remanding eviction proceeding to state court, as removal was not warranted under 28 U.S.C. § 1443.
  • U.S. v. Hodge, 23-50008, appeal from W.D. Tex.
    • per curiam (Jolly, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.