Category: Take the Fifth

December 16, 2021, opinions

December 17, 2021

Designated for publication Ticer v. Imperium Insurance Co., 21-10108, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), insurance, diversity jurisdiction Vacating district court’s dismissal of improperly joined non-diverse defendant with prejudice, and remanding to district court to dismiss non-diverse defendant without prejudice. Plaintiff brought suit in Texas state court against two insurance companies arising … More December 16, 2021, opinions

December 15, 2021, opinions

December 16, 2021

Designated for publication Timpa v. Dillard, 20-10876, appeal from N.D. Tex. Clement, J. (Clement, Southwick, Willett), qualified immunity Reversing summary judgment on qualified immunity as to plaintiffs’ claims of excessive force, and affirming in part and reversing in part the qualified immunity summary judgment on claims of bystander liability, arising from Dallas Police Department’s killing … More December 15, 2021, opinions

December 10-14, 2021, opinions

December 15, 2021

Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions

December 9, 2021, opinions

December 10, 2021

Designated for publication Cleven v. Mid-America Apartment Communities, Inc., No. 18-50846, c/w Brown v. Mid-America Apartment Communities, Inc., No. 18-50851, appeal from W.D. Tex. Owen, C.J. (Owen, Smith, Dennis), Dennis, J., dissenting; class action, breach of contract On a Rule 23(f) appeal, reversing district court’s certification of classes in two actions against apartment company arising … More December 9, 2021, opinions

December 8, 2021, opinions

December 9, 2021

Unpublished Wilder v. Caliber Home Loans, Inc., 20-10314, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), foreclosure Affirming summary judgment in favor of mortgage issuer in foreclosure claims. U.S. v. Galvez, 20-20449, appeal from S.D. Tex. per curiam (Davis, Jones, Elrod), criminal, sentencing Affirming 14-month sentence for illegal reentry. U.S. v. Brule, 20-30571, appeal … More December 8, 2021, opinions

December 7, 2021, opinions

December 8, 2021

Designated for publication Dean v. Seidel, 21-10468, appeal from N.D. Tex. Wiener, J. (Wiener, Graves, Ho), bankruptcy Dismissing for lack of bankruptcy standing a debtor’s objection to a litigation funding arrangement entered into by a trustee and a creditor. The trustee of the debtor’s Chapter 7 bankruptcy estate did not have sufficient unencumbered funds to … More December 7, 2021, opinions

December 6, 2021, opinions

December 7, 2021

Designated for publication Ibrahim v. Garland, 20-60936, petition for review of BIA order Smith, J. (King, Smith, Haynes), immigration Denying petition by Egyptian citizen (and lawful permanent U.S. resident) for review of BIA order to remove him to Egypt upon his conviction in Louisiana of indecent behavior with juveniles. The Court held that the government … More December 6, 2021, opinions

December 2-3, 2021, opinions

December 6, 2021

Designated for publication Gross v. Keen Group Solutions, L.L.C., 20-20594, appeal from S.D. Tex. Jones, J. (Jones, Smith, Haynes), Haynes, J., dissenting; appellate jurisdiction Dismissing appeal of district court’s denial of defendant’s Rule 60(b)(5) motion in dispute over whether arbitration award had been fully satisfied. The Court found that “[t]he district court here still has … More December 2-3, 2021, opinions

December 1, 2021, opinions

December 2, 2021

Designated for publication Angel Brothers Enterprises, Ltd. v. Walsh, 20-60849, petition for review of OSH Review Commission Decision Costa, J. (Jones, Costa, Duncan), Jones, J., dissenting; administrative law, occupational safety Denying petition for review of decision by the Occupational Safety and Health Review Commission, which imputed supervisor’s knowledge of safety rule violation (doing excavation work … More December 1, 2021, opinions