September 8, 2022, opinions
Designated for publication Unpublished
I am special counsel at Fishman Haygood LLP, focusing on appeals in all matters, as well as litigation in environmental land-damage, coastal land-loss, and complex commercial matters. I am also a writer, and I'm the managing editor of literary journal The Peauxdunque Review.
Designated for publication Unpublished
Designated for publication Unpublished
Designated for publication Unpublished
Designated for publication Unpublished
Designated for publication Unpublished
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 August 2022 opinion statistics
(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Unpublished
Designated for publication Garcia v. Orta, 21-50890, appeal from W.D. Tex. Southwick, J. (Smith, Wiener, Southwick), qualified immunity Reversing denial of summary judgment and rendering summary judgment in favor of arresting officers on qualified immunity grounds, dismissing plaintiff’s suit for detention without probable cause for DWI. Plaintiff had been held in pretrial detention, unable to … More August 25, 2022, opinions
Designated for publication Harness v. Watson, 19-60632, appeal from S.D. Miss. [ed.: Note that the following en banc decision was announced by the Court as “per curiam,” i.e., “for the court,” and at the beginning of that decision then listed all 17 active-status judges, intimating at the outset that the decision was for the entire … More August 24, 2022, opinions
Designated for publication U.S. v. Morton, 19-10842, appeal from N.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Higginson, J., concurring (joined in whole by Elrod, Willett, JJ., and in part by Ho, Wilson, JJ.); Graves, J., dissenting (joined by Dennis, J.); Jolly, J., not joining … More August 23, 2022, opinions