Category: Opinion Summaries

November 18, 2021, opinions

November 19, 2021

Designated for publication Gomez v. Galman, 20-30508, appeal from E.D. La. per curiam (Stewart, Ho, Engelhardt), Ho, J., concurring; 1983 Reversing 12(b)(6) dismissal of plaintiff’s section 1983 claims against two off-duty New Orleans Police officers who savagely beat him, reversing dismissal of state-law negligent hiring/training/retention claims against the City of New Orleans, but affirming dismissal … More November 18, 2021, opinions

November 17, 2021, opinions

November 18, 2021

Designated for publication Great American Insurance Co. v. Employers Mutual Casualty Co., 20-11113, appeal from N.D. Tex. Haynes, J. (King, Smith, Haynes), insurance Reversing summary judgment dismissal of plaintiff umbrella insurer’s declaratory judgment claim against defendant umbrella insurer in dispute regarding which umbrella insurer’s policy had priority coverage for a settlement agreement reached in an … More November 17, 2021, opinions

November 16, 2021, opinions

November 17, 2021

Unpublished VanBuren v. Spoon, 20-30662, appeal from W.D. La. per curiam (Davis, Jones, Elrod), § 1983, timeliness Dismissing appeal from dismissal of § 1983 claims, on basis that constructive notice of appeal was untimely. U.S. v. Escobedo, 20-40565, appeal from S.D. Tex. per curiam (Barksdale, Costa, Engelhardt), criminal, supervised release Affirming revocation of supervised release … More November 16, 2021, opinions

November 15, 2021, opinions

November 16, 2021

Designated for publication BVS Construction, Inc. v. Prosperity Bank, 21-50274, appeal from W.D. Tex. Clement, J. (Clement, Southwick, Willett), bankruptcy, res judicata Affirming district court’s and bankruptcy court’s overruling of debtor’s claim objection to secured creditor’s proof of claim, on basis that “res judicata, judicial estoppel, and judicial admission barred [debtor’s] claim objection on the … More November 15, 2021, opinions

November 10, 2021, opinions

November 11, 2021

Designated for publication Guzman v. Allstate Assurance Co., 20-11247, appeal from N.D. Tex. Elrod, J. (Davis, Elrod, Oldham), insurance Reversing summary judgment in favor of life insurance company on widow/beneficiary’s suit for recovery of life insurance benefits after her 28-year-old husband died after suffering a seizure. The insurer determined that the insured would not have … More November 10, 2021, opinions

November 9, 2021, opinions

November 10, 2021

Unpublished U.S. v. Hernandez, 20-61032, appeal from S.D. Miss. per curiam (Jolly, Willett, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. Noakes, 21-10225, appeal from N.D. Tex. per curiam (King, Costa, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. Bickens, 21-10392, appeal from N.D. Tex. per curiam … More November 9, 2021, opinions

November 8, 2021, opinions

November 9, 2021

Designated for publication U.S. v. Barlow, 18-30994, appeal from M.D. La. Southwick, J. (Clement, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Armed Career Criminal Act Affirming district court’s denial of petitioner’s § 2255 petition for post-conviction relief based on ineffective assistance of counsel and the application of the Armed Career Criminal Act. Petitioner pled … More November 8, 2021, opinions

November 5-6, 2021, opinions

November 8, 2021

Designated for publication Houston v. Texas Department of Agriculture, 20-20591, appeal from S.D. Tex. Higginson, J. (King, Higginson, Wilson), retaliation, Family and Medical Leave Act, Rehabilitation Act Affirming summary judgment dismissal of plaintiff’s claims of retaliation for exercising rights under the Family and Medical Leave Act and for discrimination under the Rehabilitation Act. The Court … More November 5-6, 2021, opinions

November 4, 2021, opinions

November 5, 2021

Unpublished Lopez-Rivas v. Garland, 20-60205, petition for review of BIA order per curiam (King, Costa, Ho), immigration Denying Guatemalan citizen’s petition for review of BIA order dismissing her appeal of an Immigration Judge (IJ) decision denying a motion to reopen her 1996 in absentia exclusion order. Hernandez v. Garland, 20-60260, petition for review of BIA … More November 4, 2021, opinions