September 4, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Venable v. Smith International, Inc., 22-30227, appeal from W.D. La.
    • Graves, J. (Barksdale, Southwick, Graves), Fair Labor Standards Act
    • Affirming summary judgment dismissing plaintiffs’ FLSA overtime claims on the basis that each employee is a “bona fide executive” exempt from FLSA’s overtime provisions.
  • King v. King, 22-30660, appeal from W.D. La.
    • Elrod, J. (Higginbotham, Smith, Elrod), evidence
    • Affirming summary judgment for defendant trustees on claims brought by plaintiff beneficiaries of the trust, on holding that district court did not abuse its discretion in excluding all evidence of damages after beneficiaries failed to provide a calculation of damages pursuant to Fed. R. Civ. P. 26.
  • Weathers v. Houston Methodist Hospital, 23-20536, appeal from S.D. Tex.
    • per curiam (Wiener, Elrod, Wilson), Wilson, J., concurring; Title VII, employment discrimination, equitable tolling
    • Reversing dismissal of plaintiff’s discrimination claims on the basis that her charge of discrimination was untimely, filed two days after the filing deadline, holding that “this is one of the rare circumstances when the doctrine of equitable tolling applies.”
    • Judge Wilson concurred separately “to emphasize that the EEOC’s delay, without more, is insufficient to mandate equitable tolling. It is the convergence of the agency’s sclerosis, Weathers’s diligence in pursuing her charge as a pro se claimant, and the absence of prejudice to Methodist that makes this a ‘rare and exceptional circumstance[]’ warranting equitable tolling.”

Unpublished

  • U.S. v. Reed, 23-11125, appeal from N.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Smith, 23-30614, appeal from W.D. La.
    • per curiam (Higginbotham, Jones, Oldham), criminal, search and seizure
    • Affirming conviction of possession with the intent to distribute cocaine, upholding denial of motion to suppress.
  • Robertson v. U.S., 23-30703, appeal from W.D. La.
    • per curiam (Ho, Duncan, Oldham), medical malpractice
    • Affirming judgment in favor of defendant after trial of plaintiff’s claim for medical malpractice at federally supported healthcare facility.
  • Thomas v. Nino, 23-40385, appeal from S.D. Tex.
    • per curiam (Ho, Duncan, Oldham), prisoner suit
    • Affirming dismissal of Texas state prisoner’s ADA and Eighth Amendment claims, under the PLRA.
  • Spence v. Taylor, 23-40617, appeal from E.D. Tex.
    • per curiam (Ho, Duncan, Oldham), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 claims.
  • Daughtry v. Englade, 23-40646, appeal from E.D. Tex.
    • per curiam (Ho, Duncan, Oldham), constitutionality
    • Affirming dismissal claim seeking declaratory judgment that the federal prohibition on distributing date rape drugs was unconstitutional.
  • U.S. v. Pineda, 23-50510, appeal from W.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Hoyle v. City of Hernando, 23-60451, appeal from N.D. Miss.
    • Higginson, J. (Higginson, Willett, Oldham), Oldham, J., concurring (joined by Willett, J.), § 1983
    • Affirming summary judgment dismissing plaintiff’s § 1983 claims arising from arrest after high-speed chase, and denying attorneys’ fees to prevailing defendants.
    • Judge Oldham concurred separately “to highlight an oddity of our fee-shifting cases,” that “American courts have interpreted the phrase ‘prevailing party’ to mean ‘most plaintiffs, even when they do not really prevail,’ and ‘virtually no defendants ever.'”
  • U.S. v. Curlett, 24-10142, appeal from N.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Said, 24-10152, appeal from N.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Villa, 24-40104, appeal from S.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.