March 18, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • QBE Syndicate 1036 v. Compass Minerals Louisiana, Inc., 23-30076, appeal from W.D. La.
    • Higginson, J. (Smith, Southwick, Higginson), insurance
    • Reversing district court’s judgment denying declaratory relief to insurer that argued that the Louisiana Oilfield Anti-Indemnity Act invalidated coverage for contracts by insured to engage in “drill-and-blast” salt mining, under the Act’s applicability to activities comprising “drilling for minerals.” District court had not reached that question, determining instead that the Act only applied to agreements that “pertain” to a “well”; the Court held that was legal error, and remanded for determination in the first instance of the “drilling for minerals” question.
  • Gold Coast Commodities, Inc. v. Travelers Casualty and Surety Co. of America, 23-60087, appeal from S.D. Miss.
    • Graves, J. (Smith, Elrod, Graves), insurance
    • Affirming judgment that pollution exclusion clause precluded coverage for claims against insured arising from discharge of high-temperature, low-pH wastewater into municipal sewer system. “When we hold that a pollution exclusion excludes the insured from coverage, we protect the insurer’s right to disincentivize corporations from engaging in bad faith actions with a known environmental impact.”
  • Wilmington Savings Fund Society v. Myers, 24-20018, appeal from S.D. Tex.
    • per curiam (Haynes, Willett, Duncan), appellate jurisdiction, timeliness, Rule 59
    • Denying motion to dismiss appeal as untimely; holding that, when first Rule 59(e) motion sought to clarify genuine ambiguity regarding whether underlying judgment was intended to be a final judgment, then 30-day period for appeal would run from judgment denying a second Rule 59(e) motion addressing the substance of the underlying judgment as amended after the first Rule 59(e) motion.

Unpublished

  • U.S. v. Contreras, 22-11102, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal, sentencing
    • Dismissing appeal of 240-month sentence for possessing with the intent to distribute a controlled substance, pursuant to appeal-waiver in plea agreement.
  • Moore v. Wells Fargo Bank, 22-20138, appeal from S.D. Tex.
    • per curiam (Graves, Ho, Duncan), foreclosure
    • Affirming summary judgment in favor of lender on claims arising from foreclosure.
  • U.S. v. Arellano, 23-10199, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal, Sixth Amendment
    • Affirming conviction for conspiracy to distribute and possess 400 grams or more of a mixture or substance containing a detectable amount of fentanyl with intent to distribute and possession of a mixture or substance containing a detectable amount of fentanyl with intent to distribute; rejecting Confrontation Clause claim.
  • U.S. v. Montoya, 23-10604, appeal from N.D. Tex.
    • per curiam (Davis, Willett, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lopez, 23-11004, appeal from N.D. Tex.
    • per curiam (Stewart, Graves, Oldham), criminal, compassionate release
    • Dismissing appeal for denial of motion for sentence reduction.
  • U.S. v. Boujabadi, 23-20581, appeal from S.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal, pretrial detention
    • Affirming district court’s order of pretrial detention.
  • Smith v. Bogalusa City, 23-30707, appeal from E.D. La.
    • per curiam (Davis, Willett, Oldham), § 1983
    • Affirming dismissal of § 1983 and ADA claims for failure to prosecute.
  • Sposito v. Wheless, 23-40467, appeal from E.D. Tex.
    • per curiam (Clement, Elrod, Ho), § 1983
    • Affirming dismissal of claims.
  • U.S. v. Vargas, 23-50333, c/w 23-50341, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), criminal, sentencing
    • Affirming 115-month sentence for conviction of being a felon in possession of ammunition.
  • Castillo-Bonilla v. Garland, 23-60579, petition for review of BIA order
    • per curiam (Smith, Southwick, Wilson), immigration
    • Denying Honduran citizens’ petition for review of BIA order dismissing their appeal of the Immigration Judge’s denial of their application for relief.