Tag: Americans with Disabilities Act

Take the Fifth: April 19, 2021 opinions

April 20, 2021

Designated for publication Phillips v. Sanofi US Services, Inc., 20-30405, appeal from E.D. La. per curiam (King, Smith, Haynes), product liability Affirming summary judgment dismissal of plaintiff’s failure-to-warn claim regarding permanent hair-loss from chemotherapy drug Taxotere, on finding that, under Louisiana law, there was a lack of causation because there was no genuine dispute that … More Take the Fifth: April 19, 2021 opinions

Take the Fifth: April 6 and 7, 2021 opinions

April 12, 2021

Brackeen v. Haaland, 18-11479, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Wiener, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham), Indian Child Welfare Act, standing, Administrative Procedures Act No one principal opinion commanded a majority of the en banc Court as to the constitutionality of the Indian Child Welfare … More Take the Fifth: April 6 and 7, 2021 opinions

Take the Fifth: March 18, 2021 opinions

March 19, 2021

Designated for publication Franco v. Mabe Trucking Co., 19-30316, appeal from W.D. La. Dennis, J. (King, Jones, Dennis), Jones, J., dissenting; negligence, timeliness, transfer of venue Reversing summary judgment in favor of defendant in car-wreck case on grounds of timeliness/prescription, and remanding for further proceedings. This suit arose from a wreck that happened in Louisiana … More Take the Fifth: March 18, 2021 opinions

Take the Fifth: March 11, 2021 opinions

March 16, 2021

Designated for publication U.S. v. Fackrell, 18-40598, appeal from E.D. Tex. Stewart, J. (Stewart, Duncan, Wilson), criminal, sentencing, death penalty Affirming convictions and death sentences of co-defendants for first-degree murder of fellow inmate in prison shanking to enforce rules of the Soldiers of Aryan Culture (“SAC”) prison gang. The Court held that the district court … More Take the Fifth: March 11, 2021 opinions

Take the Fifth: Feb. 24, 2021 opinions

February 25, 2021

Designated for publication U.S. v. Nora, 18-31078, appeal from E.D. La. Higginson, J. (Higginbotham, Jones, Higginson), criminal, sufficiency of evidence Reversing convictions and vacating sentence on counts of conspiracy to commit health care fraud, conspiracy to pay or receive illegal health care kickbacks, and aiding and abetting health care fraud, on holding that there was … More Take the Fifth: Feb. 24, 2021 opinions

Take the Fifth: Feb. 4, 2021 opinions

February 5, 2021

Unpublished U.S. v. Higgins, 19-10885, appeal from N.D. Tex. per curiam (Higginbotham, Jones, Costa), criminal, sentencing, supervised release Affirming special conditions as part of supervised release sentence the district court’s order to participate in treatment for substance dependency, to contribute to the cost of that treatment, and to abstain from the use of alcohol and … More Take the Fifth: Feb. 4, 2021 opinions

Take the Fifth: Jan. 12 and 13, 2021 opinions

January 14, 2021

Designated for publication U.S. v. Parkerson, 19-10780, appeal from N.D. Tex. Jolly, J. (Jolly, Southwick, Wilson), criminal, sentencing Affirming 120-month statutory maximum prison term for failure to register as a sex offender where sentencing guidelines range was 18-24 months. The presentencing report (“PSR”) referred to an excerpt from a police report of an incident where … More Take the Fifth: Jan. 12 and 13, 2021 opinions

Take the Fifth: Jan. 1 – 11, 2021 opinions

January 12, 2021

Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions

Take the Fifth: Dec. 16, 2020 opinions

December 17, 2020

Unpublished Union Pacific Railroad Company v. American Railway and Airway Supervisors’ Association, 18-50110, appeal from W.D. Tex. per curiam (Owen, King, Stewart), Owen, C.J., dissenting; labor law, employment law Reversing district court’s vacatur of Public Law Board’s order to reinstate employee on finding that positive drug test was a false-positive, and remanding for further proceedings. … More Take the Fifth: Dec. 16, 2020 opinions

Take the Fifth: December 10, 2020 opinions

December 11, 2020

Unpublished U.S. v. Martinez-Tapia, 18-40649, appeal from S.D. Tex. per curiam (Smith, Stewart, Higginson), criminal Granting Anders motion to withdraw, and dismissing appeal. Pierre v. Local Rule Policy Maker for the First Circuit Court of Appeal, 19-30738, appeal from M.D. La. per curiam (Stewart, Graves, Higginson), prisoner suit Denying IFP status, dismissing appeal as frivolous, … More Take the Fifth: December 10, 2020 opinions