November 20, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Rolex Watch USA, Inc. v. Beckertime, L.L.C., 24-10415, appeal from N.D. Tex.
    • Douglas, J. (King, Willett, Douglas), trademark infringement
    • Vacating district court’s amended judgment on remand, and reinstating district court’s prior judgment of injunctive relief as modified by the Court’s prior opinion on March 21, 2024, and by the parties’ stipulated additional language.
  • U.S. v. Qureshi, 22-20328, appeal from S.D. Tex.
    • Richman, J. (Jones, Richman, Ho; not joined by Judge Ho, who would affirm the judgment, but no separate dissenting opinion filed); criminal, sentencing
    • Affirming conviction of conspiracy to distribute controlled substances; but vacating conviction of distribution of controlled substances and vacating sentence for all counts and remanding for resentencing.
  • Barry Graham Oil Service, L.L.C. v. Shamrock Management, L.L.C., 23-30609, appeal from W.D. La.
    • Jones, J. (Jones, Willett, Engelhardt), contractual indemnity, Louisiana Oilfield Anti-Indemnity Act
    • Reversing summary judgment in favor of indemnitor, holding that contractor of an offshore platform operator was required to indemnify a supply vessel owner hired by a vessel brokerage firm for an injury the vessel operator caused to the contractor’s employee; and holding that the premium paid by the platform operator to cover its indemnity obligations was sufficient to avoid the Louisiana Oilfield Anti-Indemnity Act.
    • “The counterintuitive result here arises through a series of contracts that required the contractor-Appellee Shamrock Management, L.L.C., to defend, indemnify, and procure insurance coverage for vessel-Appellant Barry Graham Oil Service, L.L.C.”
  • U.S. v. French, 23-30871, appeal from W.D. La.
    • per curiam (Higginbotham, Jones, Oldham), criminal, Second Amendment
    • Affirming conviction of felon-in-possession-of-a-firearm, rejecting facial constitutional challenge to criminal statute, noting the Supreme Court’s observation that “laws disarming felons are presumptively lawful.” (Internal quotation marks and citation omitted).
  • U.S. v. Minor, 22-51083, appeal from W.D. Tex.
    • Haynes, J. (Richman, Haynes, Duncan), Duncan, J., dissenting; criminal, sentencing
    • Reversing sentencing under the career offender enhancement, and remanding for resentencing; holding that “the text of the Sentencing Reform Act and the Guidelines direct us to apply the [Controlled Substances Act’s] definition of controlled substance in effect at the time of sentencing,” and that the error was not harmless.
    • Judge Duncan dissented, and would instead apply the career-offender enhancement applicable at the time the defendant was convicted of the predicate offense.

Unpublished

  • U.S. v. Koan, 24-10274, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Sanchez-Sosa, 24-10389, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Olushola v. Tarrant County Hospital District, 24-10673, appeal from N.D. Tex.
    • per curiam (Davis, Smith, Higginson), § 1981, employment discrimination
    • Affirming dismissal of § 1981 claims against former employer for race-based discrimination and retaliation.
  • The Johns Law Firm, LLC v. Pawlik, 24-20147, appeal from S.D. Tex.
    • Ramirez, J. (Richman, Graves, Ramirez), attorneys fees, breach of contract
    • Affirming contingency fee award to law firm that defendant had discharged prior to resolution of the underlying lawsuit.
  • U.S. v. Spates, 23-30898, appeal from W.D. La.
    • per curiam (Barksdale, Haynes, Wilson), criminal
    • Affirming revocation of supervised release.
  • Krieg v. Blake, 24-40048, appeal from S.D. Tex.
    • per curiam (King, Southwick, Engelhardt), prisoner suit
    • Affirming denial of Texas state prisoner’s Rule 59(e) and Rule 60(b) motions after dismissal of § 1983 claims.
  • U.S. v. Sun, 24-40216, appeal from S.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, sentencing
    • Affirming 144-month sentence on conviction of transportation of child pornography.
  • U.S. v. Garza, 24-40265, appeal from S.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Isaac, 24-50112, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Affirming conviction and sentence for possession of a firearm by a felon.
  • Smith v. Terry, 24-50272, appeal from W.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), bankruptcy
    • Affirming order to liquidate accounts receivable in a bankruptcy estate.
  • Brookwood Development, L.L.C. v. City of Ridgeland, 24-60017, appeal from S.D. Miss.
    • per curiam (Higginbotham, Stewart, Haynes), due process, equal protection
    • Affirming summary judgment dismissal of developer’s constitutional claims against city arising from denial of conditional use permit by the city based on zoning restrictions as to climate-controlled storage units.
  • Montenegro-Rivera v. Garland, 24-60149, petition for review of BIA order
    • per curiam (Barksdale, Haynes, Wilson), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order upholding the immigration judge’s (IJ) denial of: asylum, withholding of removal, and protection under the Convention Against Torture.