October 16-17, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Kenai Ironclad Corp. v. CP Marine Services, LLC, 22-30311, appeal from E.D. La.
    • deGravelles, J. (Haynes, Engelhardt, deGravelles, by designation), maritime law, punitive damages
    • Affirming the judgment after a bench trial that defendant had wrongfully arrested and detained the plaintiff’s vessel after ramming it and preventing its departure from the defendant’s shipyard for five days, that punitive damages were justified, and that prejudgment interest was owed on the punitive award; but remanding for clarification on whether a portion of the punitive damages award was intended to be compensatory, and, if so, how much.

Unpublished

  • Kahkeshani v. Hann, 22-20407, appeal from S.D. Tex.
    • per curiam (Wiener, Stewart, Engelhardt), bankruptcy
    • Affirming district court’s judgment that debtor’s debt relating to a breached residential construction contract is nondischargeable.
  • U.S. v. Tapp, 22-30462, appeal from E.D. La.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Reed, 22-30708, appeal from W.D. La.
    • per curiam (Elrod, Oldham, Wilson), criminal, restitution
    • Affirming $500/month restitution installment on conviction of two counts of theft of firearms from a licensee.
  • Lubbe v. Milanovich, 22-50686, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Higginson), First Amendment, § 1983
    • Affirming dismissal of special agent’s First Amendment retaliation and Fourteenth Amendment due process and equal protection claims arising from discharge.
  • U.S. v. Diaz, 22-51112, appeal from W.D. Tex.
    • per curiam (Davis, Willett, Oldham), criminal, sentencing
    • Affirming 151-month sentence on conviction of possession with intent to distribute 50 grams or more of actual methamphetamine.
  • U.S. v. Flick, 23-10204, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Torres, 23-10217, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Guzman v. Allstate Assurance Co., 23-10267, appeal from N.D. Tex.
    • per curiam (Davis, Willett, Oldham), insurance
    • Affirming bench trial judgment in favor of insurer on suit for life insurance proceeds.
  • Ledbetter v. Religious Practice Committee, 23-10612, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), prisoner suit
    • Dismissing appeal from denial of IFP status for lack of appellate jurisdiction.
  • Watt v. New Orleans, 23-30050, appeal from E.D. La.
    • per curiam (Davis, Willett, Oldham), municipal liability
    • Affirming dismissal of plaintiff’s Monell claim arising from assault by fellow police officer.
  • Richard’s Clearview LLC v. Starr Surplus Lines Insurance Co., 23-30130, appeal from E.D. La.
    • per curiam (Graves, Higginson, Ho), insurance, removal
    • Affirming district court’s grant of 60(b)(4) motion to vacate dismissal and remand to state court upon discovery of evidence of lack of diversity of citizenship.
  • U.S. v. Pollard, 23-30233, appeal from W.D. La.
    • per curiam (King, Haynes, Graves), criminal, sentencing
    • Affirming 300-month sentence on conviction of distribution of methamphetamine.
  • Ricks v. State of Louisiana, 23-30453, appeal from W.D. La.
    • per curiam (Jones, Higginson, Ho), prisoner suit
    • Dismissing appeal from denial of IFP status for lack of appellate jurisdiction.
  • U.S. v. Nunez, 23-40285, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hernandez-Torres, 23-40315, appeal from S.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Astudillo-Herrera, 23-50045, appeal from W.D. Tex.
    • per curiam (Davis, Willett, Oldham), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Gomez, 23-50157, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Torres, 23-50236, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Castaneda-Acevedo, 23-50350, c/w 23-50352, appeal from W.D. Tex.
    • per curiam (Davis, Willett, Oldham), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Onyido v. Garland, 23-60097, petition for review of BIA order
    • per curiam (Barksdale, Graves, Oldham), immigration
    • Dismissing in part and denying in part Nigerian citizen’s petition for review of BIA order denying his sixth motion to reopen and reconsider.
  • Ticum v. Garland, 23-60149, petition for review of BIA order
    • per curiam (Elrod, Oldham, Wilson), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order dismissing her appeal and affirming the denial by the immigration judge (IJ) of asylum, withholding of removal, and protection under the Convention Against Torture.
  • Farmers Direct Property and Casualty Insurance Co. v. Yates, 23-60183, appeal from S.D. Miss.
    • per curiam (Jones, Smith, Dennis), insurance
    • Affirming judgment against insurer and in favor of third-party claimant that Mississippi law allowed him to stack four UM coverage limits for four separate vehicles covered by policy to cover claim.
  • Chhetri v. Garland, 23-60184, petition for review of BIA order
    • per curiam (King, Haynes, Graves), immigration
    • Denying Nepalese citizen’s petition for review of BIA order denying motion to reopen.
  • Moore v. Jackson Public School District, 23-60204, appeal from S.D. Miss.
    • per curiam (Jones, Southwick, Ho), costs
    • Affirming award of court costs against plaintiff arising from employment-related cases.
  • U.S. v. Garcia, 23-60290, appeal from S.D. Miss.
    • per curiam (Elrod, Oldham, Wilson), criminal, sentencing
    • Dismissing appeal from 41-month sentence on conviction of possession of 15 or more counterfeited and unauthorized access devices with intent to defraud, under appeal-waiver of plea agreement.