January 29, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Conti 11 Container Schiffarts-GMBH & Co. v. MSC Mediterranean Shipping Co., 22-30808, appeal from E.D. La.
    • 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 confer specific personal jurisdiction over the defendant in the Eastern District of Louisiana under the New York Convention.
    • The Court summarized its holdings: “While agreeing with much of the district court’s well-stated decision, we must reverse because we conclude the court lacked personal jurisdiction over MSC. We agree with the district court that, when assessing personal jurisdiction to confirm an award under the New York Convention, a court should consider contacts related to the underlying dispute—not only contacts related to the arbitration itself. That holding aligns us with every other circuit to have considered the issue. But we disagree with the district court that MSC waived its personal jurisdiction defense through its insurer’s issuance of a letter of understanding that was expressly conditioned on MSC’s reserving all litigation defenses. We also disagree that the sole forum contact, the loading of the tanks in New Orleans, conferred specific personal jurisdiction over MSC. That contact arose from the unilateral activities of other parties whose actions are not attributable to MSC.”
  • Rudison v. MD Anderson Cancer Center, 23-20423, appeal from S.D. Tex.
    • per curiam (Davis, Ho, Ramirez), employment discrimination, sovereign immunity
    • Reversing district court’s denial of 12(b)(1) and 12(b)(6) motions to dismiss plaintiff’s ADEA employment discrimination suit, on basis that M.D. Anderson is entitled to sovereign immunity, and remanding with instructions to dismiss suit.
    • The Court held that medical centers of Texas’s state universities are arms of the state for purposes of sovereign immunity, and that they do not waive that immunity by general acceptance of federal funding under Title IX.
  • Chisom v. Louisiana, 22-30320, appeal from E.D. La.
    • per curiam (en banc Court), Voting Rights Act
    • Granting en banc rehearing of October 25, 2023 panel opinion that affirmed district court’s denial of a Rule 60(b)(5) motion to dissolve a consent decree under the Voting Rights Act regarding election of state supreme court justices.

Unpublished

  • U.S. v. Herrera-Quinones, 22-50151, appeal from W.D. Tex.
    • Higginson, J. (Smith, Higginson, Engelhardt), criminal, Miranda rights
    • Affirming conviction of conspiracy to distribute 100 kilograms or more of marijuana and possession with intent to distribute 100 kilograms or more of marijuana, upholding denial of motion to suppress statement where Miranda warning was rendered in Spanish but defendant was a native Tepehuan speaker.
  • U.S. v. Phillips, 22-50745, appeal from W.D. Tex.
    • per curiam (Wiener, Willett, Douglas), criminal, search and seizure, sentencing
    • Affirming conviction and sentence for possession of methamphetamines, upholding denial of motion to suppress and refusal to impose acceptance-of-responsibility sentencing reduction.