May 13, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Ezell v. Dinges, 24-20050, appeal from S.D. Tex.
    • Graves, J. (Graves, Engelhardt, Oldham), breach of fiduciary duty
    • Affirming dismissal of breach of fiduciary duty claims brought in a shareholder derivative suit by company’s shareholders against company’s directors.
    • The Court held that shareholders must either make a litigation demand to the board or show demand futility by demonstrating that at least half the directors are not disinterested or independent, as clarified in the Zuckerberg test. The analysis assesses each director individually for material benefit, likelihood of liability, or lack of independence.
    • The Court found that the plaintiffs alleged directors failed in oversight related to environmental compliance. However, the Court found Cabot had compliance systems in place and directors monitored them. The evidence showed some success in remediation efforts, and no particularized facts indicated bad faith or conscious disregard of duties.
    • The Court found that the shareholders claimed certain directors knowingly made misleading statements about remediation efforts. The Court found the statements, particularly regarding the Howell and Jeffers Farms wells, were not misleading or made in bad faith. The language used reflected ongoing efforts and was not materially deceptive.
    • Shareholders briefly mentioned a Brophy insider trading claim but failed to substantiate it. Overall, the Court held that the shareholders did not meet the heightened pleading standard to excuse demand under Rule 23.1, affirming the district court’s dismissal.

Unpublished decisions

  • Peykoff v. Cawley, 24-10186, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Douglas), breach of fiduciary duty
    • Affirming dismissal of breach of fiduciary duty and other state law claims by author against promotion company upon loss of more than $200,000 in hosting of event designed to promote author’s book.
  • U.S. v. Najera, 24-10681, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Vargas v. Rivers, 24-10703, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), habeas corpus
    • Affirming denial of sec. 2241 petition.
  • U.S. v. Gatlin, 24-11078, appeal from N.D. Tex.
    • per curiam (Richman, Douglas, Ramirez), criminal
    • Affirming revocation of supervised release.
  • All About Property, L.L.C. v. Midland Mortgage, 24-20092, appeal from S.D. Tex.
    • per curiam (Graves, Engelhardt, Oldham), foreclosure, diversity jurisdiction
    • Remanding foreclosure suit to district court for limited purpose of determining whether subject matter jurisdiction exists because removing defendant failed to establish diversity of citizenship.
  • U.S. v. Joubert, 23-20190, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Fogle, 24-30229, appeal from W.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal, sufficiency of evidence
    • Affirming conviction of conspiracy to engage in the business of dealing firearms without a federal firearms license.
  • U.S. v. Torrijos-Ruiz, 24-50495, appeal from W.D. Tex.
    • Graves, J. (Smith, Graves, Duncan), criminal, sentencing
    • Affirming in part judgment of conviction of conspiracy to transport illegal aliens, vacating 48-month sentence, and remanding for resentencing.
  • U.S. v. Wallace, 24-50536, appeal from W.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Valdez-Zavala, 24-50652, appeal from W.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Fry v. City of Hernando, 24-60532, appeal from N.D. Miss.
    • per curiam (Davis, Smith, Higginson), employment discrimination
    • Affirming summary judgment dismissal of former firefighter’s racial discrimination claims.
  • Romero v. Bondi, 24-60618, petition for review of BIA order
    • per curiam (King, Southwick, Engelhardt), immigation
    • Denying Honduran citizens’ petition for review of BIA order denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture.