September 12, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Dining Alliance, Inc. v. Foodbuy, L.L.C., 22-10340, appeal from N.D. Tex.
    • Jones, J. (Jones, Clement, Haynes), Haynes, J., dissenting in part; diversity jurisdiction, sanctions
    • Affirming dismissal of third-party claims as sanction for party’s deliberate “hiding of the ball” on L.L.C. citizenship/jurisdictional facts.
    • The Court held that the district court’s power to issue a case-dispositive sanction fell within its collateral jurisdiction.
    • The Court summed up the standards governing a district court’s application of litigation-ending sanctions (which are subject on appeal to an abuse-of-discretion review): “[A] district court may invoke its inherent power to dismiss claims with prejudice in order to protect the integrity of the judicial process. It must find that the litigant acted in bad faith or willfully abused the judicial process. It must also find that lesser sanctions would not serve the best interests of justice.” (Internal quotation marks, citations, and footnote omitted). Under these standards, the Court held that the district court did not abuse its discretion.
    • Judge Haynes dissented in part. She would remand to have the district court expressly determine whether a lesser sanction was available.
  • Munoz-De Zelaya v. Garland, 22-60505, petition for review of BIA order
    • per curiam (Willett, Engelhardt, Oldham), immigration
    • Denying Salvadoran citizens’ petition for review of BIA order that held that “Salvadoran business owners” is not a cognizable social group for purposes of their application for asylum.

Unpublished

  • U.S. v. Tyler, 20-51011, appeal from W.D. Tex.
    • per curiam (Jones, Stewart, Duncan), criminal, compassionate release
    • Remanding for district court to provide explanation for denial of motion for compassionate release.
  • U.S. v. Conley, 22-10923, appeal from N.D. Tex.
    • per curiam (Barksdale, Graves, Oldham), criminal, search and seizure
    • Affirming conviction for possession of a firearm by a felon, upholding denial of motion to suppress.
  • Atwood v. Christopher, 22-20310, appeal from S.D. Tex.
    • per curiam (Dennis, Engelhardt, Oldham), prisoner suit
    • Affirming dismissal of Texas state prisoner’s sec. 1983 claims.
  • U.S. v. Towery, 22-51121, appeal from W.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Fites, 23-10245, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Leyva, 23-10257, appeal from N.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), criminal, sentencing
    • Affirming 50-month sentence on conviction of illegal reentry.
  • Naylor v. Wal Mart, Inc., 23-30042, appeal from W.D. La.
    • per curiam (Jolly, Higginson, Duncan), personal tort
    • Affirming dismissal of claims for wrongful detention and eviction from store.
  • U.S. v. Ramirez-Manzano, 23-50009, appeal from W.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Corona-Lopez, 23-50195, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • U.S. v. Guerrero-Lazaro, 23-50243, appeal from W.D. Tex.
    • per curiam (Davis, Ho, Wilson), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.