Designated for publication Oldham, J. (Barksdale, Engelhardt, Oldham), qualified immunity Denying petition for rehearing, and substituting June 17 decision with new decision, but still vacating district court’s boilerplate scheduling order that required discovery to move forward without first determining the issue of qualified immunity. The Court held that a scheduling order was appealable under the … More November 30, 2022, opinions
Designated for publication Willett, J. (Graves, Willett, Engelhardt), breach of contract In adversary suit in PetroQuest bankruptcy, affirming summary judgment issued by bankruptcy court and affirmed by district court that Sanare did acquire an offshore mineral lease, wells on that lease, and a platform from which those wells were operated, under the terms of a … More November 29, 2022, opinions
Designated for publication Haynes, J. (Smith, Barksdale, Haynes), immigration Denying in part and dismissing in part Venezuelan citizen’s petition for review of BIA order denying application for withholding of removal, and protection under the Convention Against Torture. The Court held that the petitioner’s conviction on one count of falsely seeking a tax refund of less … More November 28, 2022, opinions
Playing catch-up from traveling and holidays, so the “designated for publication” summaries will be briefer than usual, but feel free, as always, to click through to the opinions that may interest you. Designated for publication Smith, J. (Smith, Barksdale, Haynes), criminal Vacating conviction for failure to register as a sex offender on basis that guilty … More November 16-23, 2022, opinions
Designated for publication Duncan, J. (Clement, Duncan, Wilson), criminal, sentencing, forfeiture Affirming conviction of numerous wire-fraud and money-laundering charges arising from fraud to induce Department of Veterans Affairs to pay over $71 million in GI-Bill funds to defendant’s trade school; and affirming sentence of 235 months and restitution to the VA of $65.2 million; but … More November 15, 2022, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Title IX Affirming summary judgment dismissal of deliberate indifference claims against school district as to risk of 14-year-old plaintiff’s violent sexual assault in high school stairwell (requiring multiple surgeries to remedy), but reversing summary judgment dismissal of claims of deliberate indifference to totality of harassment, which included … More November 14, 2022, opinions
Designated for publications per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Ho, J., dissenting from denial of rehearing (joined by Smith, Engelhardt, JJ.); criminal, Commerce Clause Denying rehearing en banc of a panel decision affirming conviction for being a felon in possession of a firearm, … More November 11, 2022, opinions
Unpublished per curiam (Stewart, Willett, Oldham), prisoner suit Affirming severance of prisoner’s excessive force claims from sec. 1983 claims against prison nurse, and summary judgment dismissal of claims against nurse. per curiam (Wiener, Elrod, Engelhardt), habeas corpus Affirming in part, vacating in part, and remanding from dismissal of sec. 2241 petition. per curiam (Clement, Southwick, … More November 10, 2022, opinions
(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Graves, J. (Wiener, Graves, Oldham), Wiener, J., dissenting; products liability Affirming dismissal of products-liability claims against firearms manufacturer for an allegedly faulty trigger mechanism. The Court held that … More November 2-9, 2022, opinions
Unpublished per curiam (Wiener, Elrod, Engelhardt), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 suit as frivolous. per curiam (Higginbotham, Graves, Ho), criminal, compassionate release, restitution Affirming denial of motions for compassionate release and suspension of restitution collection. per curiam (Higginbotham, Graves, Ho), criminal, sentencing Affirming conviction and 200-month sentence for drug and … More November 1, 2022, opinions
