January 29, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • McDonnell Group, L.L.C. v. Starr Surplus Lines Insurance Co., 23-30824, appeal from E.D. La.
    • Southwick, J. (Southwick, Haynes, Douglas), Haynes, J., dissenting; insurance
    • Affirming summary judgment for insurer on dispute over interpretation of flood deductible provision in builder’s risk insurance policy.
    • The Court held that the district court did not err in resolving the ambiguity in summary judgment review of extrinsic evidence where the insured had not provided sufficient contrary evidence to create a genuine issue of material fact as to the extrinsic evidence. And where Louisiana contract law allows interpretation of ambiguous text against the party that furnished the text, the Court held that extrinsic evidence is such that can “otherwise resolve” the ambiguity and foreclose employing the presumption against the drafter.
    • Judge Haynes dissented. She would find that there remains ambiguity in the insurance contract that should go to the fact-finder to resolve. “[T]he evidence presented on remand was not so one-sided as to establish the insurers’ interpretation as a matter of law.”

Unpublished

  • U.S. v. Ortiz-Flores, 24-10219, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Affirming conviction of illegal reentry.
  • U.S. v. McKee, 24-10423, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Wills, 24-40120, appeal from S.D. Tex.
    • per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing
    • Affirming 135-month sentence on conviction of conspiracy to possess with intent to distribute 500 grams or more of methamphetamine.
  • U.S. v. Cabrera, 24-40346, appeal from E.D. Tex.
    • per curiam (Richman, Douglas, Ramirez), criminal, sentence reduction
    • Affirming denial of motion for sentence reduction.
  • Estrada-Espinoza v. McHenry, 24-60259, petition for review of BIA order
    • per curiam (Barksdale, Haynes, Wilson), immigration
    • Denying Honduran 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.