April 29, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Phillips v. Electric Reliability Council of Texas, Inc., 22-20603, appeal from S.D. Tex.
    • Smith, J. (Higginbotham, Smith, Higginson), bankruptcy, Burford abstention
    • Reversing denial of claimant’s motion for Burford abstention in adversarial proceeding brought by debtor trustee to challenge the creditor’s proof of claim; reversing denial of motion to dismiss certain claims that parties agreed were claims for equitable relief; and vacating dismissal of remaining damages claims with remand instructions to stay litigation of those claims pending resolution of related state proceedings.
  • Sierra Club v. Louisiana Department of Environmental Quality, 23-60234, petition for review of Civil Aeronautics Board
    • Engelhardt, J. (Stewart, Duncan, Engelhardt), administrative law, Clean Air Act
    • Denying petition for review of LDEQ permit of LNG expert facility on basis that permitted emissions would exceed NAAQS and that LDEQ failed to require the permittee to use best available control technology; and affirming LDEQ’s permitting decision.

Unpublished

  • Mijares v. Pastorek, 23-10831, appeal from N.D. Tex.
    • per curiam (Davis, Willett, Oldham), bankruptcy
    • Affirming judgment in favor of plaintiff in adversary proceeding against debtor.
  • U.S. v. Lush, 23-10964, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Coles, 23-20021, appeal from S.D. Tex.
    • per curiam (Jones, Clement, Wilson), criminal, evidence, sentencing
    • Affirming conviction for Hobbes Act robbery and knowingly discharging a firearm during a crime of violence, and application of career offender enhancement.
  • J.V. v. Brownsville Independent School District, 23-40474, appeal from S.D. Tex.
    • per curiam (Jones, Clement, Wilson), Individuals with Disabilities Education Act, Rule 60
    • Affirming denial of plaintiffs’ post-judgment Rule 60 motion to correct the judgment after a subsequent Supreme Court decision abrogated relevant case law.
  • Ibarra v. Garland, 23-60225, petition for review of BIA order
    • per curiam (Barksdale, Engelhardt, Wilson), immigration
    • Denying Mexican citizen’s petition for review of BIA order affirming the denial of withholding of removal and protection under the Convention Against Torture.