August 16, 2022, opinions

Designated for publication Huskey v. Jones, 19-60588, appeal from N.D. Miss. Stewart, J. (Higginbotham, Stewart, Wilson), prisoner suit Reversing summary judgment dismissing plaintiff’s suit arising from conduct while he was incarcerated at the Mississippi State Penitentiary. The Court held that the plaintiff showed a genuine issue of fact as to the availability of administrative remedies. … More August 16, 2022, opinions

June 20-28, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Whole Woman’s Health v. Young, 18-50730, appeal from W.D. Tex. per curiam (Barksdale, Stewart, Costa), abortion law Vacating injunction of Texas law regarding disposal of embryonic and fetal tissue after … More June 20-28, 2022, opinions

April 20, 2022, opinions

Designated for publication Vista Health Plan, Inc. v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, finality of judgment Withdrawing panel opinion from March 17, 2022, which affirmed district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS … More April 20, 2022, opinions

April 11, 2022, opinions

Designated for publication Sanchez-Amador v. Garland, 20-60367, petition for review of BIA order Engelhardt, J. (Davis, Smith, Engelhardt), immigration Denying Honduran citizen’s petition for review of BIA order affirming IJ’s rejection of application for asylum for petitioner, her husband, and her minor son after DHS charged them with being removable as aliens present in the … More April 11, 2022, opinions

April 8, 2022, opinions

Designated for publication Boch-Saban v. Garland, 20-60540, petition for review of BIA order per curiam (Southwick, Haynes, Higginson), immigration Vacating BIA order dismissing as untimely a Guatemalan citizen’s appeal from an IJ’s order denying as time- and number-barred a motion to reopen and dismiss, and remanding to BIA to consider in the first instance the … More April 8, 2022, opinions

March 19-31, 2022, opinions

(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions

March 1-4, 2022, opinions

Designated for publication Collins v. Yellen, 17-20364, appeal from S.D. Tex. per curiam (joined by Owen, Jones, Smith, Elrod, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J., dissenting, joined by Stewart, Dennis, Graves, Costa, JJ.); separation of powers After partial vacatur and remand by U.S. Supreme Court of en banc decision at … More March 1-4, 2022, opinions

February 23-28, 2022, opinions

Designated for publication Continental Automotive Systems, Inc. v. Avanci, L.L.C., 20-11032, appeal from N.D. Tex. Stewart, J. (Stewart, Ho, Engelhardt); Ho, J., constructively dissenting; antitrust law, standing Vacating 12(b)(6) dismissal of automotive parts supplier’s antitrust claim against patent licensing agent for group of standard-essential patent holders of cellular-connectivity technologies, and remanding to district court with … More February 23-28, 2022, opinions