Month: January 2024

January 30, 2024, opinions

January 31, 2024

Designated for publication Douglas, J. (King, Willett, Douglas), bankruptcy Affirming bankruptcy court judgment dismissing affirmative defense based on pre-bankruptcy indemnity agreement, which had been asserted by defendant to bankruptcy liquidation trustee’s suit arising from misstatements made by defendant charged with helping raise funds for construction of debtor’s facility, on basis that the affirmative defense was barred … More January 30, 2024, opinions

January 29, 2024, opinions

January 30, 2024

Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal jurisdiction, international arbitration, maritime law Reversing district court’s confirmation of international arbitration award of $200 million arising from explosion of chemical tanks aboard plaintiff’s chartered vessel, holding that the loading of the chemical tanks on the vessel in the Port of New Orleans was insufficient to … More January 29, 2024, opinions

January 26, 2024, opinions

January 29, 2024

Designated for publication Douglas, J. (King, Willett, Douglas), Lanham Act, trademark infringement The Court affirmed a finding of infringement of Rolex’s trademarks by an aftermarket modifier of vintage Rolex watches. The Court found that the defendant’s aftermarket modifications were so extensive that it would be a “misnomer” to attach the Rolex marks, and that it … More January 26, 2024, opinions

January 24-25, 2024, opinions

January 26, 2024

Designated for publication Graves, J. (Graves, Higginson, Ho), habeas corpus, ineffective assistance of counsel Reversing denial of § 2255 petition that asserted ineffective assistance of counsel on basis of trial attorney’s failure to consult with defendant regarding filing of appeal, and remanding for further proceedings. The Court held that it was unreasonable for his trial … More January 24-25, 2024, opinions

January 23, 2024, opinions

January 24, 2024

Designated for publication Jones, J. (joined by Richman, Smith, Stewart, Southwick, Haynes, Duncan, Engelhardt, Wilson, JJ.); Graves, J., dissenting (joined by Elrod, Higginson, Willett, Ho, Douglas, JJ.); Higginson, J., dissenting (joined by Elrod, Graves, Willett, Ho, Oldham, Douglas, JJ.); Willett, J., dissenting (joined by Elrod, Graves, Higginson, Ho, Douglas, JJ.); Ho, J., dissenting (joined by … More January 23, 2024, opinions

January 22, 2024, opinions

January 23, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Wilson), bankruptcy Reversing district court’s dismissal of preference action by secured creditor of debtor that had received the debtor’s rights in the preference action against the former CFO of debtor to avoid transfers of funds to the former CFO just prior to the debtor’s bankruptcy petition, and remanding … More January 22, 2024, opinions

January 19, 2024, opinions

January 22, 2024

Unpublished per curiam (Richman, Haynes, Duncan), qualified immunity Affirming summary judgment dismissal of excessive force and false arrest claims on qualified immunity grounds, reversing denial of qualified immunity on fabrication of evidence claim, and remanding for entry of summary judgment dismissing all claims. per curiam (Clement, Engelhardt, Ramirez), prisoner suit Dismissing as frivolous appeal from … More January 19, 2024, opinions

January 18, 2024, opinions

January 19, 2024

Designated for publication Wilson, J. (Stewart, Dennis, Wilson), insurance, personal jurisdiction Affirming dismissal of insurance coverage dispute on the basis of lack of specific personal jurisdiction. The plaintiff insured sought coverage for costs it incurred in responding to a non-party subpoena from multi-district litigation in South Carolina involving aqueous film-forming foams (AFFFs); plaintiff was a … More January 18, 2024, opinions

January 15-17, 2024, opinions

January 18, 2024

Designated for publication Duncan, J. (Smith, Higginson, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of stay for habeas petitioner to return to state court to exhaust a procedurally defaulted IAC claim, denying additional certificate of appealability on IAC claim, and affirming denial of habeas relief on petitioner’s claim that state trial judge committed … More January 15-17, 2024, opinions

January 12, 2024, opinions

January 15, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case … More January 12, 2024, opinions