September 6, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Rex Real Estate I, L.P. v. Rex Real Estate Exchange, Inc., 22-50405, appeal from W.D. Tex.
    • Graves, J. (Richman, Haynes, Graves), trademark infringement
    • Affirming in part, reversing in part judgment as a matter of law in favor of defendant on plaintiff’s trademark-infringement claims, and remanding for further proceedings.
    • The Court held that a reasonable jury could find that the defendant infringed on the plaintiff’s marks before they were registered.
  • Healthy Gulf v. U.S. Army Corps of Engineers, 22-60397, petition for review of USACE permit
    • Smith, J. (King, Smith, Elrod), administrative law
    • Denying petition for review of U.S. Army Corps of Engineers permit for construction of a liquefied natural gas production and export terminal and pipeline, rejecting challengers’ arguments that the permit decision violated the Clean Water Act and was arbitrary and capricious. Specifically, the Court rejected the plaintiffs’ arguments that the USACE failed to assess all alternative sites for the facility, and that the USACE failed to justify deviation from “the statutory hierarchy of compensatory mitigation schemes.”

Unpublished

  • Gonzalez v. Duane, 21-11258, c/w 22-11019, appeal from N.D. Tex.
    • per curiam (Haynes, Engelhardt, Saldana, by designation), personal tort, § 1983
    • Affirming dismissal of wrongful death and § 1983 claims incorporating Texas’s Advanced Directives Act, arising from death of plaintiffs’ son when he was pulled from a ventilator allegedly without the parents’ permission.
  • U.S. v. Bledsoe, 22-11250, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Nassar v. Finance of America Reverse, L.L.C., 22-20256, appeal from S.D. Tex.
    • per curiam (Barksdale, Graves, Oldham), breach of contract
    • Affirming judgment on jury verdict that defendant had not violated parties’ reverse mortgage contract.
  • Cascino v. Nelson, 22-50748, appeal from W.D. Tex.
    • per curiam (Jones, Stewart, Duncan), election law
    • Affirming dismissal of plaintiffs’ claims that Texas election law that only allowed mail-in voting for adults 65 and older without an excuse was facially unconstitutional.
  • U.S. v. Collier, 22-50929, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Spears, 23-10043, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal, guilty plea
    • Affirming 151-month sentence on guilty plea conviction of conspiracy to possess with the intent to distribute cocaine.
  • U.S. v. Rodriguez, 23-10230, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Kelly v. Caudillo, 23-10330, appeal from N.D. Tex.
    • per curiam (Jones, Southwick, Ho), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 claims.
  • Williams v. Kijakazi, 23-30035, appeal from E.D. La.
    • per curiam (Dennis, Engelhardt, Oldham), social security
    • Affirming denial of Social Security benefits.
  • U.S. v. Hernandez, 23-40124, appeal from S.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hubert, 23-50061, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.