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
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
At the end of each month, we tally various statistics from opinions released by the U.S. Court of Appeals for the Fifth Circuit. Then, corresponding to the traditional court term start date of October 1, we aggregate those statistics to note interesting trends for the previous court year (October through September). This is our first … More Annual statistics: Oct. 2020-Sept. 2021
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
Designated for publication Adams v. All Coast, L.L.C., 19-30907, appeal from W.D. La. per curiam (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Denying petition for en banc rehearing (Judges Jones and Elrod voting for rehearing; Chief Judge Owen and Judges Smith, Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, … More September 30, 2021 opinions
Designated for publication Johnson v. BOKF National Association, 18-11375, appeal from N.D. Tex. Dennis, J. (Higginbotham, Dennis, Ho), Ho, J., concurring in judgment only; banking law Affirming district court’s dismissal of putative class action against bank alleging that extended overdraft charges were usurious interest under the National Bank Act, for failure to state a claim. … More September 29, 2021 opinions
Designated for publication Rodriguez v. Garland, 20-60008, petition for appeal pf BIA order Higginbotham, J. (Higginbotham, Willett, Duncan), immigration Granting Uruguayan citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of his motion to reopen removal proceedings and rescind his absentia removal order, and remanding for further proceedings consistent with Niz-Chavez v. … More September 27-28, 2021 opinions
Designated for publication Abushagif v. Garland, 19-60807, petition for review of BIA order Smith, J. (Smith, Higginson, Engelhardt), immigration Granting in part, denying in part, and remanding to the BIA to assess the Libyan citizen’s petition for assessment of his claim for protection under the Convention Against Torture (denying petition for review of denial of … More September 24, 2021 opinions
Unpublished U.S. v. Portillo-Garcia, 20-40722, appeal from S.D. Tex. per curiam (Southwick, Oldham, Wilson), criminal, sentencing Affirming 35-month sentence on conviction of being an alien who had previously been removed and was found in the United States. Smith v. Lumpkin, 20-50261, appeal from W.D. Tex. per curiam (Jolly, Willett, Engelhardt), prisoner suit Affirming dismissal of … More September 23, 2021 opinions
Unpublished P. v. Blue Cross and Blue Shield of Texas, 20-30361, appeal from W.D. La. per curiam (Ho, Oldham, Wilson), Oldham, J., concurring; insurance, ERISA Reversing district court’s grant of plaintiff’s summary judgment motion and denial of defendant’s cross-motion for summary judgment, regarding defendant insurer’s decision to only cover a portion of plaintiff’s daughter’s months-long … More September 22, 2021 opinions
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