January 22, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Briar Capital Working Fund Capital, L.L.C. v. Remmert, 22-20536, appeal from S.D. Tex.
    • 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 for further proceedings.
    • The Court held, on a res nova issue in the Circuit, that sales of preference actions under 11 U.S.C. § 547 are permissible and that the creditor that had purchased the debtor’s rights in the preference action therefore had standing to proceed with the action. “Reading § 541(a)(1) broadly, as we must, preference actions fall within its scope. A preference action is property, as it is a right of action created by federal bankruptcy law to avoid a transfer of property.”
  • Seago v. O’Malley, 23-40001, appeal from S.D. Tex.
    • Haynes, J. (Richman, Haynes, Duncan), social security
    • Affirming district court’s summary judgment in favor of Social Security commissioner on plaintiff’s disability benefits claim, rejecting argument that Nancy Berryhill “was unlawfully serving as acting Social Security Commissioner … when she ratified the appointment of the Administrative Law Judge who later denied Seago’s claim.”
    • The Court held that the time period for a person to fill a position requiring presidential nomination and Senate confirmation in an acting capacity was subject to two separate and independent time periods under the Federal Vacancies Reform Act of 1998; and that, after the first 210-day time period had expired for Ms. Berryhill to serve in an acting capacity, a new period opened once a nomination for the position was submitted to the Senate that extended throughout the period the nomination was pending in the Senate.

Unpublished

  • U.S. v. Sifuentes, 22-40825, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, sentencing
    • Affirming 70-month sentence on conviction of smuggling good from the U.S. to Mexico.
  • Lewis v. Inocencio, 23-20098, appeal from S.D. Tex.
    • per curiam (Richman, Stewart, Scholer, by designation), qualified immunity
    • Affirming denial of qualified immunity dismissal to officers on claims arising from fatal shooting while attempting to execute an arrest warrant.
  • U.S. v. Kristek, 23-20370, appeal from S.D. Tex.
    • per curiam (Davis, Willett, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Davis v. Hemmersbach US, L.L.C., 23-30806, appeal from W.D. La.
    • per curiam (Wiener, Stewart, Douglas), employment discrimination
    • Affirming dismissal of employment discrimination claims.
  • U.S. v. Montgomery, 23-40177, appeal from S.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Searcy v. Paxton, 23-40377, appeal from S.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), § 1983
    • Affirming denial of § 1983 claims.
  • U.S. v. Pieper, 23-50910, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), pretrial detention, criminal
    • Affirming an order of pretrial detention pending trial on charges of using interstate commerce to induce or coerce or attempt to induce or coerce a minor to engage in sexual activity.
  • Renaud v. Garland, 23-60296, petition for review of BIA order
    • per curiam (Davis, Willett, Oldham), immigration
    • Denying Grenadian citizen’s petition for review of BIA order dismissing his appeal from decisions of the immigration judge (IJ) finding (1) Renaud removable as charged and (2) that he failed to make a prima facie showing that he was eligible for adjustment of status.