January 26, 2022, opinions

Unpublished U.S. v. Viator, 20-11235, appeal from N.D. Tex. per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release Afirming district court’s denial of motion for compassionate release. Small v. Zarvona Energy, L.L.C., 20-20316, appeal from S.D. Tex. per curiam (Smith, Stewart, Graves), prisoner suit Affirming dismissal of former prisoner’s § 1983 suit for lack of subject … More January 26, 2022, opinions

January 11-14, 2022, opinions

Designated for publication Williams v. Boeing Co., 18-31158, appeal from E.D. La. Southwick, J. (Southwick, Graves, Engelhardt), personal tort, multi-district litigation Reversing in part final judgment entered in mesothelioma case by district court in Louisiana after summary judgment by MDL court in Pennsylvania, and remanded for further proceedings. The Court held that the MDL district … More January 11-14, 2022, opinions

January 4, 2022, opinions

Designated for publication Aviles-Tavera v. Garland, 20-60587, petition for review of BIA order Higginbotham, J. (Higginbotham, Stewart, Wilson), immigration Denying Mexican citizen’s petition for review of BIA determination that he is statutorily ineligible for withholding of removal and not entitled to protection under the Convention Against Torture. In a prior removal proceeding, the IJ determined … More January 4, 2022, opinions

December 17, 2021, opinions

Designated for publication DeOtte v. Nevada, 19-10754, appeal from N.D. Tex. Southwick, J. (Higginbotham, Southwick, Engelhardt), Affordable Care Act, Religious Freedom and Restoration Act, mootness, intervention Vacating district court’s injunction of the 2015 rules implementing the contraception mandate of the ACA, in light of Little Sisters of the Poor Saints Peter and Paul Home v. … More December 17, 2021, opinions

December 16, 2021, opinions

Designated for publication Ticer v. Imperium Insurance Co., 21-10108, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), insurance, diversity jurisdiction Vacating district court’s dismissal of improperly joined non-diverse defendant with prejudice, and remanding to district court to dismiss non-diverse defendant without prejudice. Plaintiff brought suit in Texas state court against two insurance companies arising … More December 16, 2021, opinions

December 7, 2021, opinions

Designated for publication Dean v. Seidel, 21-10468, appeal from N.D. Tex. Wiener, J. (Wiener, Graves, Ho), bankruptcy Dismissing for lack of bankruptcy standing a debtor’s objection to a litigation funding arrangement entered into by a trustee and a creditor. The trustee of the debtor’s Chapter 7 bankruptcy estate did not have sufficient unencumbered funds to … More December 7, 2021, opinions

December 6, 2021, opinions

Designated for publication Ibrahim v. Garland, 20-60936, petition for review of BIA order Smith, J. (King, Smith, Haynes), immigration Denying petition by Egyptian citizen (and lawful permanent U.S. resident) for review of BIA order to remove him to Egypt upon his conviction in Louisiana of indecent behavior with juveniles. The Court held that the government … More December 6, 2021, opinions

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

October 19, 2021, opinions

Designated for publication Talasek v. National Oilwell Varco, L.P., 21-20069, appeal from S.D. Tex. Clement, J. (Owen, Clement, Duncan), insurance, ERISA Affirming summary judgment in favor of defendant employer in its capacity as the ERISA administrator of the plaintiff’s deceased husband, dismissing the plaintiff’s estoppel claim for life insurance proceeds following her husband’s death. The … More October 19, 2021, opinions