November 1-5, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Plaquemines Parish v. BP America Production Co., 23-30294, c/w Parish of Cameron v. BP America Production Co., 23-30422, appeals from E.D. La., W.D. La.
    • per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc
    • Denying en banc rehearing of May 29, 2024, panel decision (Davis, Engelhardt, JJ.; Oldham, J., dissenting) affirming remand from third attempt to remove lawsuits brought by parishes arising from land-loss and contamination in Louisiana’s coastal wetlands, which panel opinion held that the fact that defendants were vertically-integrated companies that included entities that operated refineries that refined fuel as federal contractors for the war effort during World War II did not support removal under federal officer jurisdiction because, while the companies may have been “acting pursuant” to a federal officer’s instructions, their actions at issue in the lawsuit did not “relate to” the federal officer’s instructions. The final en banc poll was 7-6 against rehearing, with four of the active-duty judges not participating.
  • In re Perez, 24-40671, petition for mandamus to E.D. Tex.
    • per curiam (Jones, Duncan, Douglas), attorney discipline
    • Imposing admonition on attorney who failed to identify a pending related case pursuant to 5th Cir. R. 46.3.
  • U.S. v. Sanchez, 24-50297, appeal from W.D. Tex.
    • per curiam (Southwick, Willett, Oldham), criminal
    • Granting appellant’s unopposed motion to remand to district court to reform the judgment.
  • Benfer v. City of Baytown, 23-20543, appeal from S.D. Tex.
    • Smith, J. (Jones, Smith, Ho), qualified immunity, municipal liability
    • Affirming qualified immunity dismissal of claims against detaining officer and municipal liability claims against city arising from arrest effected with assistance from K9 dog.
  • Ricks v. Lumpkin, 23-70008, appeal from N.D. Tex.
    • Ho, J. (Jones, Higginson, Ho), Higginson, J., dissenting in part; habeas corpus
    • Denying motion for certificate of appealability from district court’s denial of habeas relief to petitioner convicted of capital murder and sentenced to death, on Batson challenge, ineffective assistance of counsel claim, and due process claim related to jury being allowed to see him in shackles.
    • Judge Higginson dissented in part, and would grant the COA on the shackling issue.

Unpublished

  • UniWell Laboratories, L.L.C. v. Frain Industries Inc., 24-10204, appeal from N.D. Tex.
    • per curiam (Wiener, Willett, Duncan), breach of contract, diversity jurisdiction
    • Remanding appeal of final judgment on removed breach of contract claims for inquiry into citizenship of parties for diversity jurisdiction purposes.
  • U.S. v. Martinez, 24-10206, appeal from N.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Dondero v. Jernigan, 24-10287, appeal from N.D. Tex.
    • per curiam (Wiener, Willett, Duncan), bankruptcy, recusal
    • Affirming denial of motion for mandamus that sought the recusal of the bankruptcy court judge.
  • U.S. v. Guzman, 24-10438, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to recuse, and dismissing appeal.
  • U.S. v. Mireles-Juarez, 23-10934, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Galyean v. Guinn, 23-11256, appeal from N.D. Tex.
    • per curiam (Wilson, Douglas, Vitter, by designation), breach of contract
    • Affirming judgment and damages award on claim of breach of oral contract regarding horse breeding venture.
  • U.S. v. Weeks, 23-20111, appeal from S.D. Tex.
    • per curiam (Elrod, Haynes, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Negrotto, 24-30042, appeal from E.D. La.
    • per curiam (Wiener, Ho, Ramirez), criminal, sentencing
    • Affirming conviction and 60-month sentence for conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine, distribution and possession with intent to distribute five grams or more of methamphetamine, distribution and possession with intent to distribute 50 grams or more of methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, possession with intent to distribute five grams or more of methamphetamine, and use or maintenance of a drug premises.
  • Hickson v. Haulcy, 24-30165, appeal from W.D. La.
    • per curiam (Smith, Stewart, Duncan), prisoner suit
    • Affirming summary judgment dismissal of Louisiana state prisoner’s § 1983 claims.
  • Kennedy v. Biden, 24-30252, appeal from W.D. La.
    • per curiam (Higginbotham, Stewart, Haynes), standing, First Amendment
    • Vacating district court’s judgment that plaintiffs had standing to bring claims for government defendants’ alleged pressure to induce social media platforms’ suppression of users’ content, and remanding to district court to consider standing for other claims and, if necessary, dismissal.
  • U.S. v. Harper, 24-30275, appeal from W.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Gruver v. Allstate Insurance Co., 23-30431, appeal from M.D. La.
    • per curiam (Dennis, Willett, Duncan), insurance
    • Affirming judgment against insurer in claims arising from hazing-related death of college student.
  • U.S. v. Simon, 23-30698, appeal from E.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ramirez, 24-10062, appeal from N.D. Tex.
    • per curiam (Elrod, Haynes, Duncan), criminal, guilty plea
    • Affirming sufficiency of factual record to support guilty plea conviction of conspiracy to possess with intent to distribute a controlled substance.
  • U.S. v. Baniel, 24-30137, appeal from W.D. La.
    • per curiam (Davis, Smith, Higginson), criminal, search and seizure
    • Affirming conviction of possession with intent to distribute 50 grams or more of methamphetamine, upholding denial of motion to suppress.
  • Legacy Recovery Services, L.L.C. v. City of Monroe, 24-30211, appeal from W.D. La.
    • per curiam (Wiener, Willett, Duncan), breach of contract, appellate jurisdiction
    • Dismissing appeal of partial denial of defendants’ motion to dismiss, for lack of appellate jurisdiction with no final judgment and where collateral order doctrine was inapplicable.