March 6, 2026, opinions

Posted on by tadbartlett

Designated for publication

  • Renteria v. Grieg Star AS, 25-20131, appeal from S.D. Tex.
    • Summerhays, J. (Jones, Engelhardt, Summerhays, by designation) (oral argument), maritime law
    • Affirming summary judgment for vessel owner on longshore worker’s claim of vessel negligence.
    • Balvina Renteria, a longshore worker unloading cargo from the M/V Star Juventas, fell about ten feet when she stepped on plastic sheeting covering a gap between stacked rolls of cargo in a ship’s hold. She sued the vessel’s technical manager, Grieg Star, alleging negligence under 33 U.S.C. § 905(b). The Fifth Circuit explained that vessel liability to longshore workers is limited by the Supreme Court’s framework in Scindia, which recognizes three narrow duties: the turnover duty, the active control duty, and the duty to intervene. On appeal, Renteria pursued only the turnover-duty and active-control theories.
    • The court held that neither duty was breached. First, Grieg Star did not violate the turnover duty, which requires a vessel to turn over the ship in reasonably safe condition and warn of latent hazards unknown to a competent stevedore. The alleged danger—the gaps between cargo rolls beneath the plastic sheeting—was open and obvious, because Renteria knew the gaps existed and could have inspected them through the holes in the plastic before stepping. Second, the vessel did not breach the active control duty, which applies only when the ship retains control over cargo operations. The evidence showed that the stevedore controlled the unloading process: the longshore crew directed the work, the cargo hold had been turned over to the stevedore, and Renteria received instructions solely from fellow longshoremen rather than the vessel’s crew. Because the vessel neither concealed a latent hazard nor exercised operational control over the work area, no reasonable jury could find vessel negligence.

Unpublished decisions

  • Knotts v. Ledbetter, 25-10346, appeal from N.D. Tex.
    • per curiam (Jones, Duncan, Douglas) (oral argument), sec. 1983
    • Affirming dismissal of excessive force claim.
  • U.S. v. Eldridge, 25-10792, appeal from N.D. Tex.
    • per curiam (King, Haynes, Ho) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Briscoe, 25-10998, appeal from N.D. Tex.
    • per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Giaccio v. Davis, 25-11107, appeal from N.D. Tex.
    • per curiam (Southwick, Duncan, Engelhardt) (no oral argument), sec. 1983
    • Dismissing as frivolous appeal from dismissal of sec. 1983 claim.
  • Quintas v. Granite Construction, Inc., 25-20097, appeal from S.D. Tex.
    • per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), employment discrimination, arbitration
    • Affirming denial of motion to vacate arbitration award in favor of employer on employment discrimination claim.
  • U.S. ex rel. Frey v. Health Management Systems, Inc., 25-20146, appeal from S.D. Tex.
    • per curiam (Clement, Douglas, Ramirez) (oral argument withdrawn), False Claims Act
    • Affirming award of attorneys’ fees to defendant on plaintiff’s False Claims Act claim.
  • Stewart v. Medical Director, 24-20569, appeal from S.D. Tex.
    • per curiam (King, Southwick, Haynes) (no oral argument), prisoner suit
    • Affirming dismissal of sec. 1983 claim arising from denial of medication while plaintiff was incarcerated.
  • U.S. v. Tropez, 25-30125, appeal from E.D. La.
    • per curiam (King, Haynes, Ho) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Johnson, 25-30346, appeal from W.D. La.
    • per curiam (King, Southwick, Haynes) (oral argument withdrawn), criminal, sentencing
    • Affirming 22-month sentence on revocation of supervised release.
  • U.S. v. West, 25-30390, appeal from W.D. La.
    • per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Collier, 25-40185, appeal from S.D. Tex.
    • per curiam (Smith, Wiener, Higginson) (no oral argument), criminal, sentencing
    • Affirming 15-month sentence on conviction of cocaine possession.
  • Albaugh v. Wind Access Engineering, Inc., 25-40434, appeal from S.D. Tex.
    • per curiam (Jones, Barksdale, Stewart) (no oral argument), personal tort, amendment
    • Affirming denial of motion to amend complaint and dismissal of premises liability/personal injury claims.
  • U.S. v. Orozco-Barragan, 25-40479, appeal from E.D. Tex.
    • per curiam (Jones, Duncan, Douglas) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mosley, 25-40532, appeal from E.D. Tex.
    • per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Castillo-Lopez, 25-50143, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Ramirez) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Mesraje v. U.S., 25-50414, appeal from W.D. Tex.
    • per curiam (Stewart, Graves, Oldham) (oral argument withdrawn), Federal Tort Claims Act
    • Affirming summary judgment for government on FTCA claim arising from automobile accident.
  • U.S. v. Casavant, 25-50604, appeal from W.D. Tex.
    • per curiam (King, Haynes, Ho) (no oral argument), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • Bernal v. Floresville Independent School District, 25-50629, appeal from W.D. Tex.
    • per curiam (King, Southwick, Haynes) (no oral argument), Title IX
    • Affirming dismissal of Title IX claims arising from alleged sexual harassment of plaintiff’s son, based on failure to plead deliberate indifference by school officials.
  • U.S. v. Salinas, 24-50661, appeal from W.D. Tex.
    • per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), habeas corpus
    • Affirming denial of Rule 60(b) motion after denial of sec. 2255 petition.
  • Knox v. University of Mississippi, 25-60342, appeal from N.D. Miss.
    • per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), employment discrimination, service of process
    • Affirming dismissal of employment discrimination claim for failure to timely serve process.
  • U.S. v. Jones, 25-60419, appeal from S.D. Miss.
    • per curiam (King, Haynes, Ho) (no oral argument), criminal, sentence reduction
    • Affirming denial of motion for sentence reduction.
  • Kharkhouch v. Bondi, 25-60441, petition for review of BIA order
    • per curiam (King, Haynes, Ho) (no oral argument), immigration
    • Denying Moroccan citizen’s petition for review of BIA order denying his motion to reconsider and his motion to reopen his proceedings based on changed country conditions.
  • Barham v. Beckum, 25-60459, appeal from S.D. Miss.
    • per curiam (Jones, Duncan, Douglas) (no oral argument), civil
    • Affirming dismissal of suit, with no description of claim or issues on appeal.