September 18-19, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Keck v. Mix Creative Learning Center, L.L.C., 23-20188, appeal from S.D. Tex.
    • Jones, J. (Jones, Smith, Ho), copyright, trademark infringement
    • Affirming summary judgment in favor of defendant, a children’s art teaching company, and against plaintiff artist, holding that fair use doctrine protected defendant’s use of plaintiff’s art works; and holding that district court’s summary judgment on trademark infringement claim where motion for summary judgment had only addressed copyright claim, was harmless error.
  • Westport Insurance Corp. v. Pennsylvania National Mutual Casualty Insurance Co., 23-20282, appeal from S.D. Tex.
    • Stewart, J. (Higginbotham, Stewart, Higginson), insurance
    • Affirming summary judgment that excess insurer breached duty to defend and indemnify, and affirming judgment on jury verdict that primary insurer failed to abide by its Stowers duty to accept one of five settlement offers from the insured.
  • Occidental Petroleum Corp. v. Wells Fargo Bank, N.A., 23-20318, c/w 23-20443, appeal from S.D. Tex.
    • Wilson, J. (Willet, Wilson, Ramirez), Ramirez, J., dissenting in part; breach of contract, judicial estoppel
    • Affirming summary judgment for plaintiff on breach of contract claim arising from trust agreement and promise to sell stock that was not effected until after stock had lost $30 million in value. The Court held that judicial estoppel prevented the defendant from arguing that the trust agreement was not a contract.
    • Judge Ramirez dissented in part. She would have held that judicial estoppel is inapplicable because it did not achieve substantial justice.
  • RSM Production Corp. v. Gaz du Cameroun, S.A., 23-20583, appeal from S.D. Tex.
    • Wilson, J. (Wiener, Elrod, Wilson), arbitration
    • Reversing district court judgment vacating in part an arbitrator’s award as beyond the scope of the arbitral powers, and remanding with instructions to confirm the arbitration award.
  • Clark v. City of Alexandria, 23-30732, appeal from W.D. La.
    • Smith, J. (Jones, Smith, Ho), employment discrimination
    • Affirming summary judgment on demoted and terminated police officers’ employment discrimination claims.
  • U.S. v. Perez-Gorda, 23-50218, appeal from W.D. Tex.
    • Ho, J. (Ho, Duncan, Oldham), criminal, jury instructions
    • Affirming conviction on mail fraud, wire fraud, healthcare fraud, and conspiracy to commit fraud, arising from defendant’s representations to the U.S. Veteran Administration regarding her husband’s service-related injuries, holding that there was no plain error in the jury instructions regarding mail and wire fraud.
  • Dwyer v. United Healthcare Insurance Co., 23-50439, appeal from W.D. Tex.
    • Oldham, J. (Higginson, Willett, Oldham), insurance
    • Reversing judgment for insurer on claims for mental health benefits, rendering judgment for insured, and remanding for calculation of damages.
  • U.S. v. Diaz, 23-50452, appeal from W.D. Tex.
    • Wiener, J. (Smith, Wiener, Douglas), criminal
    • Affirming conviction of possession of a firearm by a felon, upholding constitutional challenges under Second Amendment and Commerce Clause.
  • Hudson Institute of Process Research Inc. v. National Labor Relations Board, 23-60175, petition for review of NLRB order
    • Clement, J. (Clement, Southwick, Ho), labor law
    • Granting petition for review of NLRB certification of union election, reversing bargaining order, and denying NLRB’s cross-petition for enforcement of order, on holding that certain personnel were supervisors statutorily excluded from collective bargaining units.
  • Orellana v. Garland, 23-60248, petition for review of Department of Homeland Security
    • Higginson, J. (Higginbotham, Stewart, Higginson), immigration
    • Granting petition for review of DHS order of removal, vacating removal order, and remanding to DHS for further proceedings, on holding that Louisiana’s after-the-fact statute is not a categorical match for the federal obstruction of justice statute and is therefore not an aggravated felony triggering expedited removal of a noncitizen.

Unpublished

  • Ridgley v. Currie, 23-20576, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), prisoner suit
    • Affirming dismissal of Texas state prisoner’s sec. 1983 action.
  • U.S. v. Rivera-Hernandez, 23-20611, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal, sentencing
    • Affirming 600-month sentence on conviction of engaging in interstate travel with the intent to engage in a sex act with a minor.
  • U.S. v. McDaniels, 23-40430, appeal from E.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia, 23-40693, c/w 23-40694, appeal from S.D. Tex.
    • per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing
    • Affirming 151-month sentence on conviction of conspiracy to transport undocumented aliens within the United States, resulting in death.
  • U.S. v. Luna-Arreola, 24-10086, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.