May 13, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Adams v. Roman Catholic Church of the Archdiocese of New Orleans, 22-30539, appeal from E.D. La.
    • Jones, J. (King, Jones, Oldham), bankruptcy
    • Affirming denial of motion to vacate bankruptcy court’s order removing four members of the Official Committee of Unsecured Creditors in the Archdiocese’s Chapter 11 bankruptcy, and holding that the former members of the committee lack standing to prosecute the appeal.
  • Martin v. LCMC Health Holdings, Inc., 23-30522, appeal from E.D. La.
    • Jolly, J. (Jolly, Smith, Haynes), federal officer jurisdiction
    • Affirming the remand to state court after federal officer jurisdiction removal, in putative class action alleging hospital system violated Louisiana law when it embedded tracking pixels onto website where patients accessed medical records, holding that the hospital was not acting under the direction of the federal government in doing so.

Unpublished

  • Arias v. Garland, 20-61142, petition for review of BIA order
    • per curiam (Wiener, Stewart, Douglas), immigration
    • Denying Nicaraguan citizen’s petition for review of BIA order denying his motion to reconsider.
  • White v. Ponder, 22-40436, appeal from E.D. Tex.
    • per curiam (Clement, Duncan, Douglas), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 claims.
  • Dunn v. Gore, 23-10785, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), prisoner suit
    • Affirming denial of former pretrial detainee’s § 1983 claims.
  • U.S. v. Rios-Duran, 23-11031, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Jackson, 23-11107, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Nationwide Mutual Insurance Co. v. Choi, 23-20405, appeal from S.D. Tex.
    • per curiam (Dennis, Southwick, Ho), insurance
    • Affirming summary judgment for insurer on declaratory judgment claim brought to determine whether it had a duty to defend or indemnify it insureds on claims against insureds for theft of Bitcoin.
  • Johnson v. Kelly, 23-30774, appeal from M.D. La.
    • per curiam (Stewart, Graves, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Louisiana state prisoner’s § 1983 claims.
  • U.S. v. Garcia, 23-40269, appeal from S.D. Tex.
    • per curiam (Barksdale, Engelhardt, Wilson), criminal
    • Affirming conviction on various drug offenses, finding evidence was sufficient to support convictions, upholding admission of agent’s testimony, upholding admission of bilingual audio recording, and rejecting argument arising from court’s comments about parties’ ability to call a witness.
  • U.S. v. Varela-Rivera, 23-50298, appeal from W.D. Tex.
    • per curiam (Jones, Clement, Wilson), criminal, supervised release
    • Reversing imposition of supervised release term to abstain from alcohol and other intoxicants, and remanding with instructions to impose same condition but only as to excessive use of alcohol.
  • U.S. v. Roberts, 23-50513, c/w 23-50517, appeal from W.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), criminal, sentencing
    • Affirming concurrent 24-month sentences on revocation of supervised release.