October 13-14, 2021 opinions

Designated for publication Hawkins v. U.S. Department of Housing and Urban Development, 20-20281, appeal from S.D. Tex. Wiener, J. (Wiener, Dennis, Duncan), Duncan, J., dissenting; Administrative Procedure Act, Fair Housing Act Reversing district court’s dismissal of plaintiffs’ APA and FHA claims against HUD, holding that HUD is bound by its prior self-imposed obligation to provide … More October 13-14, 2021 opinions

October 12, 2021 opinions

Designated for publication Securities and Exchange Commission v. Blackburn, 20-30464, appeal from E.D. La. Costa, J. (Dennis, Higginson, Costa), securities law Affirming the district court’s summary judgment in favor of the SEC against three defendants for selling unregistered securities and misleading investors in operating a penny stock company, and affirming remedy of disgorgement of defendants’ … More October 12, 2021 opinions

October 11, 2021 opinions

Unpublished Bruno v. Ford, 21-20204, appeal from S.D. Tex. per curiam (Davis, Jones, Elrod), Fair Labor Standards Act Vacating district court’s summary judgment dismissing plaintiff’s FLSA claims, and remanding for further proceedings. U.S. v. Pontefract, 21-30032, appeal from W.D. La. per curiam (Smith, Higginson, Willett), habeas corpus Denying certificate of appealability, and affirming district court’s … More October 11, 2021 opinions

October 8, 2021 opinions

Unpublished Planned Parenthood Southeast, Inc. v. Snyder, 16-60773, appeal from S.D. Miss. per curiam (Owen, Dennis, Willett), abortion law Granting joint motion to dismiss appeal as moot, and remanding to district court to dismiss plaintiffs’ complaint for lack of jurisdiction. Blessit v. Texas Office of the Attorney General Galveston County Child Support Enforcement Division, 20-40135, … More October 8, 2021 opinions

October 7, 2021 opinions

Unpublished U.S. v. El Hage, 20-10409, appeal from N.D. Tex. per curiam (Elrod, Oldham, Wilson), habeas corpus Denying COA from denial of § 2255 petition challenging petitioner’s conviction of conspiring to distribute a controlled substance. Thomas v. Grundfos, CBS, 20-20505, appeal from S.D. Tex. per curiam (Davis, Elrod, Oldham), employment discrimination Affirming summary judgment dismissal … More October 7, 2021 opinions

October 6, 2021 opinions

Designated for publication U.S. v. Gardner, 20-50481, appeal from W.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), criminal, guilty plea Vacating conviction for possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, and remanding for district court to hold an evidentiary hearing on defendant’s motion to withdraw his guilty plea. … More October 6, 2021 opinions

October 5, 2021 opinions

Designated for publication Lefebure v. D’Aquilla, 19-30702, c/w 19-30989, appeal from M.D. La. Ho, J. (Owen, Graves, Ho), Graves, J., dissenting; standing Treating petition for rehearing en banc as a petition for panel rehearing, and denying petition for panel rehearing, but withdrawing Feb. 9, 2021 opinion and substituting with new opinion with same result–reversing judgment … More October 5, 2021 opinions

October 1-4, 2021 opinions

Designated for publication Goldring v. U.S., 20-30723, appeal from E.D. La. Engelhardt, J. (Jones, Southwick, Engelhardt), tax Affirming in part and reversing in part district court’s summary judgment in favor of government dismissing taxpayers’ refund claims in their entirety. In separate litigation, one of the taxpayers had prevailed in a suit to have her stock … More October 1-4, 2021 opinions

September 2021 statistics

We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More September 2021 statistics