September 27, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Fleming v. Bayou Steel BD Holdings II, L.L.C., 22-30262, appeal from E.D. La.
    • Wilson, J. (Smith, Clement, Wilson), WARN Act, summary judgment, jury right
    • Appellate counsel from Fishman Haygood represented prevailing party.
    • Affirming in part and reversing in part summary judgment dismissal of employees’ WARN Act claims against investment advisor of plaintiffs’ employer on violations of WARN Act.
    • The Court affirmed the district court’s holding that the WARN Act claims did not entitle the plaintiffs to a trial by jury, and therefore affirming the more-deferential standard for summary judgment applied to the District Court where claims would be by a bench trial. The Court held that WARN Act claims were more analogous to breach-of-fiduciary duty claims than to quasi-contract claims.
    • The Court reversed the district court’s grant of summary judgment dismissing claims against investment advisor of bankrupt employer, holding that, even under the more-deferential standard, there were genuine issues of material fact as to the control over the employer’s actions in terminating employees in violation of the WARN Act.

Unpublished

  • U.S. v. Gonzalez, 22-10948, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Pitman, 23-10124, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Nino-Guerrero, 23-10231, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Sledge, 23-10430, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Cruz, 23-10470, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lavan, 23-20039, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lee, 23-30067, appeal from W.D. La.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing, search and seizure
    • Affirming 115-month sentence on conviction of possession of a firearm by a felon, and upholding denial of motion to suppress.
  • U.S. v. Williams, 23-30095, appeal from M.D. La.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.