November 15, 2021, opinions

Designated for publication BVS Construction, Inc. v. Prosperity Bank, 21-50274, appeal from W.D. Tex. Clement, J. (Clement, Southwick, Willett), bankruptcy, res judicata Affirming district court’s and bankruptcy court’s overruling of debtor’s claim objection to secured creditor’s proof of claim, on basis that “res judicata, judicial estoppel, and judicial admission barred [debtor’s] claim objection on the … More November 15, 2021, opinions

August 3, 2021 opinions

Designated for publication Quadvest, L.P. v. San Jacinto River Authority, 20-20447, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), antitrust law Affirming denial of state-action immunity on behalf of water authority, against which plaintiff investor-owned utilities had brought claims under Section 1 of the Sherman Act. Defendant water authority, the SJRA, is a political … More August 3, 2021 opinions

Take the Fifth: May 18, 2021 opinions

Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, sufficiency of evidence, Batson challenge “Defendants Delwin McClaren, Dedrick Keelen, Jawan Fortia, Bryan Scott, and Lionel Allen were convicted of numerous crimes related to their participation in a New Orleans street gang. We AFFIRM their convictions in part … More Take the Fifth: May 18, 2021 opinions

Take the Fifth: April 13, 2021 opinions

Designated for publication Impax Laboratories, Inc. v. Federal Trade Commission, 19-60394, petition for review of order of the FTC Costa, J. (Southwick, Costa, Duncan), antitrust law Denying petition for review of FTC order that concluded a rule-of-reason analysis to determine that the respondent’s acceptance more than $100 million in reverse payment settlements to delay the … More Take the Fifth: April 13, 2021 opinions

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

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