November 24, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Cadence Bank v. Johnson, 24-10812, c/w Cadence Bank v. Bridgelink Engineering, LLC, 24-11078, appeal from N.D. Tex.
    • Duncan, J. (Smith, Graves, Duncan) (no oral argument), diversity jurisdiction, commercial litigation
    • Affirming that diversity jurisdiction exists, and affirming summary judgment for lender/plaintiff holding defendants liable as guarantors for loans made by Appellees Cadence Bank and Century Bank.
    • The Banks made two large loans to Bridgelink Engineering LLC (which the Johnsons managed) in August 2021, and the Johnsons personally guaranteed Bridgelink’s obligations. The guaranty included an early-release clause that would release the Johnsons if three conditions were met: (1) Bridgelink’s loan was not in default; (2) Bridgelink submitted financial-covenant compliance for two consecutive quarters; (3) the Banks confirmed Bridgelink’s compliance with prepayment requirements for two consecutive quarters. After Bridgelink defaulted and an amendment waived default only under conditions (including a waiver fee which was not paid), Bridgelink failed to satisfy the requirements for the early-release clause. The district court granted summary judgment for the Banks; the Fifth Circuit affirmed, holding the Johnsons remained liable under the guaranty.
    • On the jurisdictional front, the Johnsons argued the district court lacked subject-matter jurisdiction because they claimed the Banks were not completely diverse. The Fifth Circuit undertook the diversity analysis under 28 U.S.C. § 1332(a) and found complete diversity nonetheless: the Johnsons (and the related LLCs) were citizens of Texas, Century Bank was a citizen of New Mexico, and Cadence Bank was a citizen of Mississippi (its principal place of business being Tupelo, Mississippi, under the “nerve-center” test from Hertz Corp. v. Friend). The court rejected the Johnsons’ claim that Cadence’s headquarters in Houston made it a Texas citizen, and it declined to apply judicial estoppel to force a contrary argument. Because jurisdiction was proper and no genuine dispute of material fact existed on the early-release conditions, the Fifth Circuit affirmed the summary judgment for the Banks.

Unpublished decisions

  • U.S. v. Houston, 25-10307, appeal for N.D. Tex.
    • per curiam (Stewart, Graves, Oldham) (no oral argument), criminal, ineffective assistance of counsel
    • Affirming guilty plea conviction for conspiracy to possess a mixture and substance containing a detectable amount of methamphetamine with intent to distribute.
  • Farooq v. Nucor Business Technology, Inc., 25-10344, appeal from N.D. Tex.
    • per curiam (Southwick, Duncan, Engelhardt) (no oral argument), Title VII
    • Dismissing as frivolous appeal of 12(b)(6) dismissal of plaintiff’s Title VII claims.
  • Willis v. De Leon, 25-10678, appeal from N.D. Tex.
    • per curiam (Stewart, Graves, Oldham) (no oral argument), sec. 1983
    • Affirming dismissal of plaintiff’s sec. 1983 claim arising from traffic stop.
  • Benavides v. Harris County, 24-20457, appeal from S.D. Tex.
    • per curiam (Higginson, Willett, Engelhardt) (oral argument), appellate jurisdiction, sec. 1983
    • Dismissing for lack of appellate jurisdiction appeal from denial of summary judgment on municipal liability claims.
  • Holbert v. Thompson Industrial Service, LLC, 25-40018, appeal from S.D. Tex.
    • per curiam (Jones, Duncan, Douglas) (no oral argument), employment discrimination
    • Affirming dismissal of plaintiff’s employment discrimination claims.
  • U.S. v. Loredo-Torres, 25-50064, c/w 25-50068, appeal from W.D. Tex.
    • per curiam (Davis, Jones, Ho) (no oral argument), criminal, sentencing
    • Affirming 60-month sentence on conviction of illegal reentry.
  • U.S. v. Rosas-Santos, 25-50223, appeal from W.D. Tex.
    • per curiam (Stewart, Graves, Oldham) (no oral argument), criminal
    • Affirming conviction of illegal reentry.
  • U.S. v. Polanco-Esquivel, 25-50226, appeal from W.D. Tex.
    • per curiam (Stewart, Graves, Oldham) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Sanchez-Gonzalez v. Bondi, 25-60156, petition for review of BIA order
    • per curiam (Barksdale, Graves, Duncan) (no oral argument), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order upholding an immigration judge’s (IJ) denying cancellation of removal.
  • Wandhala v. Bondi, 25-60175, petition for review of BIA order
    • per curiam (Stewart, Graves, Oldham) (no oral argument), immigration
    • Denying in part and dismissing in part Kenyan citizen’s petition for review of BIA order dismissing her appeal from an immigration judge’s (IJ) denial of withholding of removal, protection under the Convention Against Torture (CAT), and special cancellation of removal under the Violence Against Women Act.
  • Don v. Bondi, 25-60234, petition for review of BIA order
    • per curiam (Stewart, Graves, Oldham) (no oral argument), immigration
    • Denying Sri Lankan citizen’s petition for review of BIA order affirming a decision of an immigration judge (IJ) denying asylum, withholding of removal, and protection under the Convention Against Torture.