December 4, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Spin Capital, L.L.C. v. Jet Oilfield Services, 25-50206, appeal from W.D. Tex.
    • Smith, J. (Smith, Stewart, Haynes) (no oral argument), bankruptcy
    • Affirming bankruptcy court’s dismissal of creditor’s claim for contribution.
    • The court affirmed the bankruptcy court (and district court) in rejecting Spin’s claim that it should be paid under a receivables-sale agreement with Jet Oilfield Services (“Jet”). Under the agreement, Spin paid Jet $3,000,000 in exchange for $4,500,000 of future receivables, based on a purported deal signed by Brian Owen. But Jet’s LLC agreement required approval from another member for any such transaction, which Owen lacked. Applying Texas law, the court held Owen had neither actual nor “apparent” authority: the LLC’s tax return naming him as a “member-manager” did not constitute a clear, authorized statement by Jet’s principals, and Spin’s reliance on Owen’s access to company bank accounts was not objectively reasonable — mere bank access does not indicate corporate-contracting authority. Because Spin failed to prove Owen could bind Jet, the agreement was unenforceable and the claim was disallowed.
  • de Santiago v. Bondi, 25-60064, petition for review of BIA order
    • Richman, J. (Elrod, Richman, Willett) (no oral argument), immigration
    • Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s order of removal.
    • In 2016, petitioner Edgar Eduardo Silva de Santiago — a Mexican national admitted as a lawful permanent resident — pleaded guilty (in 2024) to eight New Mexico state crimes, including child-abuse under N.M. Stat. § 30-6-1(D) and aggravated assault with a deadly weapon under § 30-3-2(A). The federal government initiated removal proceedings, arguing that (1) the child-abuse conviction qualified as a “crime of child abuse, child neglect, or child abandonment” under federal immigration law, and (2) the assault conviction was an aggravated felony. The Immigration Judge denied Silva de Santiago’s motion to terminate removal, and the Board of Immigration Appeals (BIA) affirmed — applying the “categorical approach,” which compares the statutory elements of the state crime to the “generic” federal definition, regardless of the specific facts of the crime.
    • On appeal, the court affirmed. First, it held that New Mexico’s child-abuse statute is a categorical match to the federal definition, because the petitioner failed to show a “realistic probability” that New Mexico would prosecute conduct (e.g., mere exposure to bad weather) that falls outside the federal definition. Second, even if one were to reach the issue of the aggravated-assault conviction, the petitioner is ineligible for cancellation of removal because his aggregate sentences exceed five years, and he was convicted well within seven years of admission — so the “stop-time rule” applies. The court thus denied his petition for review and upheld the removal order.
  • Aldridge v. Stone County Hospital, Inc., 25-60169, appeal from S.D. Miss.
    • Higginson, J. (Southwick, Higginson, Douglas) (no oral argument), False Claims Act, intervention, appellate jurisdiction
    • Dismissing for lack of jurisdiction appeal of district court’s grant of intervention into False Claims Act case.
    • In this appeal, the defendants — including Stone County Hospital, Inc., Corporate Management, Inc., and several associated individuals — challenge the lower court’s decision to allow the estate of Robert Johnson to intervene in a long-running receivership proceeding tied to a prior judgment under the False Claims Act (FCA). The original FCA litigation concluded with a multi-million-dollar judgment, and a court-appointed receiver (Derek A. Henderson) was tasked with liquidating assets to satisfy that judgment. After defendants satisfied the bulk of the FCA judgment, Johnson — a third-party state-court judgment creditor against one of the “Receivership” entities — sought to intervene so that the receiver could satisfy Johnson’s separate wrongful-death judgment. The district court granted the intervention, then issued summary judgment in Johnson’s favor and ordered payment. Defendants appealed that intervention order.
    • The 5th Circuit dismissed the appeal for lack of jurisdiction. The court explained that under long-standing “final judgment” doctrine, orders granting intervention are generally not appealable immediately, especially when they are merely “steps towards” a final dispositive ruling on the intervenor’s claims. The panel rejected the defendants’ reliance on an exception for “effectively unreviewable” orders, finding instead that the intervention here was plainly part of the ongoing receivership’s resolution, not an independent collateral order. Because a final judgment on Johnson’s claim — once the court rules definitively, including on any pending motions for reconsideration — remains possible, the present interlocutory appeal is premature.

Unpublished decisions

  • U.S. v. Hernandez, 25-10386, appeal from N.D. Tex.
    • per curiam (Jones, Duncan, Douglas) (no oral argument), criminal, search and seizure
    • Affirming conviction of possession with intent to distribute methamphetamine, upholding denial of motion to suppress.
  • Welsh v. Jennings, 25-10605, c/w Welsh v. Weston, 25-10696, appeal from N.D. Tex.
    • per curiam (Smith, Haynes, Oldham) (no oral argument), § 1983, sanctions
    • Dismissing as frivolous appeal from order of sanctions for vexatious filings, and imposing additional sanctions.
  • OXEA Corp. v. Certain Underwriters at Lloyds, 25-20138, appeal from S.D. Tex.
    • per curiam (King, Haynes, Ho) (no oral argument), insurance, diversity jurisdiction
    • Remanding to district court to clarify record as to whether non-diverse defendant remained in the case.
  • U.S. v. Mba, 25-20436, appeal from S.D. Tex.
    • per curiam (Richman, Southwick, Willett) (no oral argument), criminal, pretrial detention
    • Affirming grant of motion to revoke pretrial release.
  • U.S. v. Wilson, 25-30320, appeal from M.D. La.
    • per curiam (Wiener, Willett, Wilson) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Myers v. Stephen F. Austin State University, 25-40487, appeal from E.D. Tex.
    • per curiam (Dennis, Graves, Duncan) (oral argument withdrawn), Title IX, preliminary injunction
    • Vacating preliminary injunction issued against university on plaintiffs’ putative Title IX clas action, on basis that injunction to “preserve the women’s beach volleyball team, women’s bowling team, women’s golf team, and all other women’s varsity teams at the University while this case is pending” lacked the reasonable detail required for injunctive relief.
  • Manning v. Merrill Lynch Pierce Fenner & Smith, Inc., 24-40590, appeal from E.D. Tex.
    • per curiam (Graves, Ho, Douglas) (no oral argument), civil
    • Dismissing as frivolous appeal from dismissal of suit alleging that plaintiff was the founder of Merrill Lynch Bank.
  • U.S. v. Carrete-Teran, 25-50015, appeal from W.D. Tex.
    • per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal, search and seizure
    • Affirming convictions for conspiracy to transport aliens and transporting aliens for financial gain, upholding denial of motion to suppress.
  • Berrocal v. Samsung Electronics Co., 25-50259, appeal from W.D. Tex.
    • per curiam (Clement, Graves, Ho) (no oral argument), civil, jurisdiction
    • Affirming dismissal of claim for failure to meet the $50,000 jurisdictional minimum under the Magnuson-Moss Warranty Act.
  • Vasquez v. Guerrero, 25-70005, appeal from S.D. Tex.
    • per curiam (Haynes, Engelhardt, Wilson) (no oral argument), habeas corpus
    • Affirming judgment of the district court dismissing Vasquez’s successive habeas petition for failure to satisfy § 2244(b)(2)(B).