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more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions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

February 17, 2022, opinions

Unpublished Herndon v. U.S., 20-10688, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), Federal Tort Claims Act Affirming summary judgment dismissal of former prisoner’s medical malpractice claim under the FTCA. Guzman v. U.S. Department of Homeland Security, 20-11123, appeal from N.D. Tex. per curiam (Davis, Jones, Elrod), habeas corpus Affirming dismissal of former immigration … More February 17, 2022, opinions

February 15, 2022, opinions

Designated for publication Craig v. Martin, 19-10013, appeal from N.D. Tex. Owen, C.J. (Owen, Barksdale, Duncan), qualified immunity Reversing denial of qualified immunity summary judgment on excessive force claims and rendering judgment in favor of police officer defendant. The Court held that the video evidence showed that it was not objectively unreasonable for the officer … More February 15, 2022, opinions

February 10, 2022, opinions

Designated for publication Earnest v. Sanofi U.S. Services, Inc., 20-30184, appeal from E.D. La. Wilson, J. (Ho, Oldham, Wilson), products liability, expert witness Reversing district court’s judgment in favor of manufacturer of chemotherapy drug in products liability case arising from allegations of permanent hair loss, on basis that the district court erroneously allowed defendant to … More February 10, 2022, opinions

February 4-7, 2022, opinions

Designated for publication U.S. v. Bates, 19-10813, appeal from N.D. Tex. per curiam (King, Graves, Willett), criminal, sentencing, Armed Career Criminals Act On remand from the U.S. Supreme Court, vacating and remanding for resentencing. The Court held that, under Borden v. United States, 141 S. Ct. 1817 (2021), the Texas crime of assault of a … More February 4-7, 2022, opinions