October 10-11, 2023, decisions

Posted on by tadbartlett

Designated for publication

  • Calsep A/S v. Dabral, 22-20440, appeal from S.D. Tex.
    • Clement, J. (Clement, Elrod, Willett), spoliation, trade secrets
    • Affirming spoliation sanction of default judgment and damages award against spoliating defendant in suit alleging misappropriation of proprietary software code.
  • Baker v. City of McKinney, 22-40644, appeal from E.D. Tex.
    • Higginson, J. (Smith, Higginson, Willett), takings
    • Reversing judgment that city violated Takings Clause when it refused to compensate a homeowner for damage to her home by law enforcement actions in responding to a hostage-taking at her home. “We conclude that, as a matter of history and precedent, the Takings Clause does not require compensation for damaged or destroyed property when it was objectively necessary for officers to damage or destroy that property in an active emergency to prevent imminent harm to persons. Baker has maintained that the officers’ actions were precisely that: necessary, in light of an active emergency, to prevent imminent harm to the hostage child, to the officers who responded on the scene, and to others in her residential community. Accordingly, and despite our sympathy for Ms. Baker, on whom misfortune fell at no fault of her own, we REVERSE.”
  • Galaviz v. Reyes, 22-50203, appeal from W.D. Tex.
    • Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., concurring in judgment; international child custody
    • Reversing district court’s judgment that concluded in international child custody dispute that the father had satisfied his burden under the Hague Convention to retain custody of the couple’s children, whom he had taken across the U.S./Mexico border to El Paso and refused to return; and remanding with instructions to enter an order to return the children to the mother in Mexico.
    • Judge Ho concurred to express his respect for the district court’s conclusions, but to reaffirm that the Court’s precedent required reversal.
  • Harward v. City of Austin, 22-50924, appeal from W.D. Tex.
    • per curiam (Richman, Jones, Ho), tax law, Tax Injunction Act
    • Affirming in part and reversing in part district court’s dismissal under the Tax Injunction Act of claims by Texas property owners that their properties were illegally annexed, and remanding for further proceedings.

Unpublished

  • Narayanan v. Midwestern State University, 22-11140, appeal from N.D. Tex.
    • per curiam (King, Willett, Douglas), Title VII, Americans with Disabilities Act, employment discrimination
    • Affirming summary judgment dismissal of ADA claims, but vacating and remanding summary judgment dismissal of Title VII claims.
  • LNY 5003, L.L.C. v. Zurich American Insurance Co., 22-20573, appeal from S.D. Tex.
    • per curiam (Wiener, Graves, Douglas), insurance, removal jurisdiction
    • Affirming denial of motion to remand, finding that transfer of claims to nondiverse plaintiff was invalid, and affirming dismissal of claims for insurance coverage arising from covid-19 business interruption.
  • U.S. v. Thomas, 22-50420, appeal from W.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), habeas corpus
    • Denying motion to file successive § 2255 petition, and affirming district court’s resentencing.
  • U.S. v. Latiolais, 22-60516, appeal from N.D. Miss.
    • per curiam (Willett, Duncan, Wilson), criminal, sentencing
    • Affirming conviction of transporting a minor in interstate commerce with the intent to engage in sexual activity; but vacating 60-month sentence as impermissibly below the 120-month statutory minimum, and remanding for resentencing.
  • U.S. v. Butler, 23-10162, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mayfield, 23-10188, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Moreno, 23-10200, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Santana-Valdez, 23-10261, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Chancey v. BASF, 23-40032, appeal from S.D. Tex.
    • per curiam (King, Willett, Douglas), Americans with Disabilities Act, employment discrimination
    • Affirming dismissal of ADA employment discrimination claims.
  • Stephens v. Martinez, 23-40200, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), Title VII, employment discrimination, timeliness
    • Affirming dismissal of Title VII claims as untimely.
  • U.S. v. Orona-Gutierrez, 23-40249, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Soliz v. Hague, 23-40330, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Wilson), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s sec. 1983 claims.
  • U.S. v. Mondragon-Calderon, 23-50393, appeal from W.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Carrasco-Aguirre v. Garland, 23-60176, petition for review of BIA order
    • per curiam (Jolly, Higginson, Duncan), immigration
    • Denying Honduran citizen’s petition for review of BIA order upholding the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture.
  • U.S. v. Ward, 23-60195, appeal from S.D. Miss.
    • per curiam (Willett, Duncan, Douglas), criminal, sentencing
    • Affirming 295-month sentence on conviction of possession of methamphetamine (mixture) with intent to distribute, possession of 50 grams or more of methamphetamine with intent to distribute, possession of a firearm by a felon, and possession of a firearm in furtherance of a drug trafficking crime.
  • U.S. v. Walker, 23-60321, appeal from S.D. Miss.
    • per curiam (Smith, Higginson, Engelhardt), criminal, compassionate release
    • Affirming denial of motion for compassionate release.