March 8, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Clapper v. American Realty Investors, Inc., 21-10805, appeal from N.D. Tex.
    • per curiam (Richman, Higginbotham, Elrod), unfair trade practices, improper argument
    • Reversing judgment on jury verdict in favor of defendant in unfair trade practices claim, and remanding for further proceedings, on the basis that “the Defendants’ counsels’ closing argument irreparably prejudiced the fairness of the trial.”
    • The Court held that “legitimate ‘oratory’ and ‘hyperbole’ can only extend so far. If closing argument crosses the line to impermissible prejudice, a new trial may be appropriate.” The Court then recounted the remarks during defendants’ closing argument, and summed up, “[T]hey employed nearly every type of improper argument identified by our court, including highly improper and personal attacks against opposing counsel, remarks about Clapper’s wealth, a discussion of matters not in the record, insinuations that Clapper had lower moral standards because he was from Michigan, and suggestions of Clapper’s bad motives through counsels’ opinion. These attacks unquestionably tarnish[ed] the badge of evenhandedness and fairness that normally marks our system of justice.” (Internal quotation marks and citation omitted).
  • Jackson v. World Wrestling Entertainment, Inc., 23-10491, appeal from N.D. Tex.
    • Ho, J. (Stewart, Clement, Ho), personal tort, arbitration
    • Affirming order compelling arbitration of personal injury claim by attendee of WWE event; holding that the notice on the ticket that the purchaser agreed to be bound by the arbitration provision when they entered the event was effective as to the purchaser and as to third-party users of the ticket.

Unpublished

  • Gieswein v. Salmonson, 22-40809, appeal from E.D. Tex.
    • per curiam (Willett, Wilson, Ramirez), prisoner suit
    • Affirming dismissal of federal prisoner’s claims arising from COVID-related issues.
  • Santamaria-Bonilla v. Garland, 22-60102, petition for review of BIA order
    • per curiam (Wiener, Stewart, Douglas), immigration
    • Denying Honduran citizens’ petition for review of BIA order upholding IJ’s denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture.
  • U.S. v. Smith, 23-10101, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Monden v. Consolidated Nuclear Security, L.L.C., 23-10553, appeal from N.D. Tex.
    • Jones, J. (Jones, Dennis, Douglas), employment, whistleblower claim
    • Affirming summary judgment dismissal of plaintiff’s whistleblower claims against former employer arising from his termination.
  • U.S. v. McCain, 23-10745, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • DISH Network, L.L.C. v. Elahmad, 23-20180, appeal from S.D. Tex.
    • per curiam (Willett, Wilson, Ramirez), copyright, personal jurisdiction
    • Reversing dismissal of copyright infringement case for lack of personal jurisdiction, and remanding for further proceedings.
  • Targeted Justice, Inc. v. Garland, 23-20342, appeal from S.D. Tex.
    • per curiam (Dennis, Elrod, Wilson), appellate jurisdiction, Administrative Procedure Act, § 1983, Privacy Act
    • Affirming dismissal of APA, constitutional, and Privacy Act claims arising from alleged surveillance and injury of plaintiffs by government entities through the use of directed energy weapons and “voice-to-skull technology”; and dismissing appeal of other interlocutory rulings for lack of appellate jurisdiction.
  • U.S. v. Adams, 23-20361, appeal from S.D. Tex.
    • per curiam (Wiener, Haynes, Higginson), criminal, sentencing
    • Vacating sentence on revocation of supervised release where the district court did not allow the defendant to speak during his sentencing hearing, and remanding for resentencing.
  • Wilkerson v. City of Houston, 23-20390, appeal from S.D. Tex.
    • per curiam (Clement, Elrod, Ho), § 1983
    • Affirming dismissal of plaintiff’s claims.
  • U.S. v. Vega-Villarreal, 23-40351, appeal from S.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Reynolds v. U.S., 23-40379, appeal from E.D. Tex.
    • per curiam (Jones, Southwick, Ho), Federal Tort Claims Act
    • Affirming dismissal of FTCA claims.
  • U.S. v. Sosa-Guerrero, 23-40518, appeal from S.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Almeida, 23-40522, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. White, 23-50490, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Russell v. Austin Community College, 23-50708, appeal from W.D. Tex.
    • per curiam (Clement, Duncan, Douglas), jurisdiction
    • Affirming dismissal of plaintiff’s employment-related claims for lack of subject-matter jurisdiction.
  • Welsh v. McLane, 23-50912, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Wilson), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 claim.