December 22, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Bourque v. State Farm Mutual Automobile Insurance Co., 22-30126, appeal from W.D. La.
    • Clement, J. (Jones, Clement, Haynes), insurance, class action
    • Vacating class certification and remanding for further proceedings on claim of undervaluation of total-loss claims due to insurer’s use of valuation system.
    • The Court held that “class certification was only proper if plaintiffs could prove injury—i.e., underpayment—on a class-wide basis,” and rejecting premise that pinning the undervaluation conclusion to NADA value “constituted an impermissibly arbitrary choice of a liability model.”
  • U.S. v. Brumfield, 22-30238, appeal from E.D. La.
    • Willett, J. (Clement, Elrod, Willett), criminal, Brady violation, sentencing
    • Affirming denial of motion for new trial as to one co-defendant on his Brady claim because the new evidence that was allegedly not properly turned over to defendants was not material in light of the entire trial record as to that defendant, and affirming sentence as to that defendant; but reversing denial of new trial on Brady violation as to other co-defendant, and remanding for further consideration of his Brady claim.

Unpublished

  • U.S. v. Herrera, 23-10652, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Haer, 23-10779, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Dass, 23-20116, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, forfeiture
    • Affirming forfeiture order.