November 21, 2023, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Newton, 22-20375, appeal from S.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), criminal, search and seizure
    • Affirming conviction of bank robbery and brandishing a firearm during a crime of violence, upholding denial of motion to suppress.
  • Zavala v. Harris County, 22-20611, appeal from S.D. Tex.
    • per curiam (Wiener, Willett, Douglas), prisoner suit, municipal liability
    • Affirming dismissal of pretrial detainee’s Monell claim arising from conditions during her pretrial detention.
  • Sligh v. City of Conroe, 22-40518, appeal from S.D. Tex.
    • per curiam (King, Smith, Elrod), qualified immunity, § 1983, Americans with Disabilities Act
    • Affirming dismissal on qualified immunity and 12(b)(6) grounds of § 1983 and ADA claims arising from plaintiff’s injuries after being bitten by police dog during arrest.
  • U.S. v. Jones, 23-10198, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • U.S. v. Wokaly, 23-10373, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Meeks v. DeBouse, 23-10574, appeal from N.D. Tex.
    • per curiam (Barksdale, Engelhardt, Wilson), prisoner suit
    • Vacating dismissal of Texas state prisoner’s § 1983 suit for want of prosecution, and remanding for further proceedings.
  • Hicks v. Ivy, 23-40311, appeal from E.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 claims as frivolous.
  • In re Volkswagen AG, 23-40487, on petition for mandamus to E.D. Tex.
    • per curiam (Stewart, Graves, Oldham), mandamus, antitrust, forum non conveniens
    • Granting writ of mandamus, vacating district court’s denial of Volkswagen’s motion to dismiss antitrust and business tort case on forum non conveniens grounds, and remanding to district court for proceedings consistent with opinion.
  • Johns Manville Corp. v. National Labor Relations Board, 23-60075, appeal from NLRB order
    • per curiam (Higginbotham, Stewart, Southwick), labor law
    • Denying company’s application for review of NLRB order and granting NLRB’s cross-application for enforcement of order “determining that Johns Manville violated Sections 8(a)(5) and 8(a)(1) of the National Labor Relations Act (NLRA) by failing and refusing to furnish information requested by the union that represents its employees, which was relevant and necessary to a grievance filed by a Johns Manville employee and union bargaining unit member.”