Designated for publication
- Chase v. Hodge, 23-50297, appeal from W.D. Tex.
- Southwick, J. (Davis, Southwick, Ho), breach of contract
- Affirming summary judgment in favor of defendant on statute of frauds grounds, in claims arising from alleged breach of agreement to form limited liability company with defendant and plaintiff as co-owners rather than with defendant as sole owner.
- The Court held that the oral agreement for formation of a business here could be interpreted to have a reasonable duration of greater than one year, causing it to fall within Texas’s statute of frauds, which renders unenforceable agreements within its scope that have not been reduced to writing. “It most certainly was not just an agreement to form a company, then walk away.”
- In re Space Exploration Technologies, Corp., 24-40103, petition for writ of mandamus to S.D. Tex.
- per curiam (Elrod, Haynes, Douglas), Elrod, J., dissenting; mandamus, venue
- Denying petition for writ of mandamus seeking to keep lawsuit SpaceX filed against the National Labor Relations Board in the Southern District of Texas rather than transferring venue to the Central District of California.
- Judge Elrod dissented from the Court’s one-line denial of mandamus, opining that the district court committed legal error by looking to where the most significant part of the events took place. She opined that it is only necessary for proper venue under § 1391 that a “substantial” part of the events took place there, not that the most substantial portion take place there; that there may be multiple proper venues.
Unpublished
- U.S. v. Cortez, 22-10944, appeal from N.D. Tex.
- per curiam (King, Haynes, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Grant, 23-10710, appeal from N.D. Tex.
- per curiam (Higginbotham, Stewart, Southwick), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Talarico v. Johnson, 23-20176, appeal from S.D. Tex.
- per curiam (Stewart, Duncan, Engelhardt), securities fraud
- Affirming dismissal of pro se securities fraud claims.
- Alexander v. McCarthy & Holthus L.L.P., 23-20355, appeal from S.D. Tex.
- per curiam (Elrod, Haynes, Douglas), foreclosure
- Dismissing as frivolous appeal from dismissal of claims against mortgage companies.
- Monroe v. Conner, 23-30230, appeal from W.D. La.
- per curiam (Jones, Dennis, Douglas), personal tort, timeliness
- Affirming imposition of Louisiana’s one-year prescriptive period to state-law police brutality claims.
- Picture Pro, L.L.C. v. Arrowhead Capital Finance, Ltd., 23-30374, appeal from E.D. La.
- per curiam (King, Haynes, Graves), bankruptcy
- Affirming district court’s affirmance of bankruptcy court’s denial of debtor’s motion for redemption of litigious rights.
- Cole v. Quality Carriers, Inc., 23-30556, appeal from W.D. La.
- per curiam (Jones, Dennis, Douglas), Title VII, employment discrimination
- Affirming summary judgment dismissal of plaintiff’s employment discrimination claims.
- Broussard v. Liberty Mutual Insurance, 23-30561, appeal from W.D. La.
- per curiam (Dennis, Wilson, Ramirez), insurance
- Affirming dismissal of claims for breach of insurance contract and for bad faith.
- U.S. v. Flores, 23-40479, appeal from S.D. Tex.
- per curiam (King, Haynes, Graves), criminal, sentencing
- Affirming 63-month sentence on conviction of possession with intent to distribute 25.9 grams of cocaine base.
- U.S. v. Olivas, 23-50204, appeal from W.D. Tex.
- per curiam (Smith, Higginson, Engelhardt), criminal
- Affirming guilty plea conviction of being a felon in possession of a firearm.
- U.S. v. Chavez, 23-50684, appeal from W.D. Tex.
- per curiam (Haynes, Willett, Duncan), criminal, compassionate release
- Dismissing as frivolous appeal from denial of motion for compassionate release.
Take the Fifth 