October 5, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • SXSW, L.L.C. v. Federal Insurance Co., 22-50933, appeal from W.D. Tex.
    • Oldham, J. (Willett, Engelhardt, Oldham), insurance, diversity jurisdiction
    • Remanding appeal of summary judgment in favor of insurer regarding coverage for Covid-related shutdown of music festival, for purposes of determining the existence of diversity jurisdiction where the record did not adequately document the citizenship of LLC parties to the litigation.
    • The Court noted that assertions that an LLC member of one of the parties that the LLC was “owned” by an LLC that was “owned” by an individual who was a “resident” of Virginia did not suffice to clearly establish citizenship for diversity purposes because (1) there could be non-owner members of the LLC whose citizenship would need to be accounted for; (2) the ultimate owner’s mere residency did not fully explicate his citizenship, as citizenship requires both residency and an intent to remain; and (3) the assertions of LLC membership did not reflect the timing of the citizenship facts, which must be alleged as of the time the complaint was filed.

Unpublished

  • Wilkinson v. Pinnacle Lodging, L.L.C., 22-30556, appeal from E.D. La.
    • per curiam (Dennis, Engelhardt, Oldham), employment discrimination
    • Reversing in part, affirming in part, and vacating in part summary judgment for defendants on plaintiff’s employment discrimination, hostile work environment, retaliation, and whistleblower claims.
  • Otkins v. Gilboy, 22-30752, appeal from E.D. La.
    • per curiam (Higginbotham, Smith, Elrod), qualified immunity
    • Vacating qualified immunity summary judgment as to one officer on § 1983 claims arising from detention and search of plaintiff’s vehicle and remanding for further proceedings, but affirming summary judgment as to other defendants.
  • Prest v. BP Exploration & Production, Inc., 22-30779, appeal from E.D. La.
    • per curiam (Stewart, Dennis, Wilson), toxic tort
    • Affirming summary judgment in favor of defendants on plaintiff’s toxic tort claim arising from exposure to oil and dispersants during cleanup of Deepwater Horizon spill, finding that plaintiff’s experts failed to show general causation.
  • U.S. v. Elam, 22-40373, appeal from E.D. Tex.
    • per curiam (Wiener, Southwick, Duncan), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Qureishy v. Garland, 22-60663, petition for review of BIA order
    • per curiam (Graves, Higginson, Ho), immigration
    • Denying Pakistani citizen’s petition for review of BIA order affirming denial of asylum and withholding of removal.
  • Jones v. Meridian Security Insurance Co., 23-10148, appeal from N.D. Tex.
    • per curiam (King, Willett, Douglas), insurance
    • Affirming dismissal of plaintiffs’ claims for insurance coverage without prejudice for breach of local rule requiring retention of local counsel.
  • Russell v. Colmenero, 23-10160, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), § 1983, sovereign immunity
    • Affirming dismissal on Eleventh Amendment grounds of plaintiff’s § 1983 claims arising from placement of plaintiff’s daughter in foster care.
  • U.S. v. Henderson, 23-10263, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Walker, 23-10357, appeal from N.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Mendoza v. Mayorkas, 23-20043, appeal from S.D. Tex.
    • per curiam (King, Willett, Douglas), immigration
    • Affirming district court’s dismissal of adjustment of immigration status on the basis of lack of jurisdiction.
  • Thompson v. D G Louisiana, L.L.C., 23-30016, appeal from W.D. La.
    • per curiam (Clement, Haynes, Oldham), personal tort
    • Affirming summary judgment in favor of defendant in slip-and-fall case.
  • U.S. v. Daniel, 23-30154, appeal from W.D. La.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Fuhr v. City of Sherman, 23-40116, appeal from E.D. Tex.
    • per curiam (Stewart, Dennis, Wilson), employment discrimination
    • Affirming summary judgment in favor of city on plaintiff’s employment discrimination claim.
  • U.S. v. Church, 23-40169, appeal from S.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Martinez v. University of Texas, 23-50036, appeal from W.D. Tex.
    • per curiam (Stewart, Dennis, Wilson), Title VII, employment discrimination
    • Reversing summary judgment dismissal of plaintiff’s Title VII retaliation claim.
  • U.S. v. Robles-Perez, 23-50145, appeal from W.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.