Designated for publication Health Choice Alliance, L.L.C. v. Eli Lilly & Co., 19-40906, appeal from E.D. Tex. Elrod, J., (Higginbotham, Elrod, Haynes), Higginbotham, J., concurring; False Claims Act, qui tam Affirming dismissal of Health Choice entities’ qui tam actions under the False Claims Act, on the United States’ motion to dismiss the actions. The Health … More July 7, 2021 opinions
Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions
Designated for publication U.S. v. Navarro-Jusino, 20-40401, appeal from E.D. Tex. Smith, J. (King, Smith, Haynes), criminal, sentencing Affirming 120-month sentence on one count of wire fraud, an 87-month upward variance from the guidelines. The Court held that the district court did not abuse its discretion in the sentencing because (1) the wire fraud of … More Take the Fifth: April 5, 2021 opinions
Designated for publication National Parks Conservation Association v. U.S. Environmental Protection Agency, 17-60828, petition for review of EPA Rules per curiam (Davis, Stewart, Dennis), administrative law, environmental law, venue Denying motion to reconsider denial of motion by power company intervenors to confirm venue of review action in the Fifth Circuit rather than transfer venue of … More Take the Fifth: March 24 & 25, 2021 opinions
Designated for publication Hall CA-NV, LLC v. One Republic National Title Insurance Co., 20-10268, appeal from N.D. Tex. Ho, J. (Clement, Ho, Duncan), breach of contract, insurance Affirming dismissal of plaintiff’s suit for coverage for prior mechanic’s liens under title insurance policy, on basis that plaintiff had agreed to removal of such coverage. Judge Ho … More Take the Fifth: March 10, 2021 opinions
Designated for publication Williams v. Lockheed Martin Corp., 18-31162, appeal from E.D. La. Owen, C.J. (Owen, Willett, Oldham), federal officer jurisdiction, asbestos, sanctions Denying petition for en banc rehearing, granting petition for panel rehearing, vacating panel opinion, and issuing new decision affirming district court’s denial of motion to remand, summary judgment dismissal of asbestos-exposure claims, … More Take the Fifth: March 9, 2021 opinions
Texas Association of Manufacturers v. U.S. Consumer Product Safety Commission, 17-60836, on petition for review of an order of the CPSC Owen, C.J. (Owen, Southwick, Higginson), administrative law, standing, Administrative Procedures Act Holding that the Consumer Product Safety Commission (“CPSC”) procedurally erred in promulgating a final rule limiting the concentration of 5 phthalates in children’s … More Take the Fifth: March 1, 2021 opinions
Designated for publication Evolve Federal Credit Union v. Barragan-Flores, 18-50420, appeal from W.D. Tex. Owen, C.J. (Owen, Wiener, Dennis), bankruptcy Affirming district court’s reversal of bankruptcy court’s approval of plan that allowed debtor to retain one of two vehicles that had been cross-collateralized to secure loans on both vehicles. The debtor had financed the purchase … More Take the Fifth: Jan. 14, 2021 opinions
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