Tag: bankruptcy

October 11, 2024, opinions

October 14, 2024

Designated for publication Wilson, J. (Jones, Clement, Wilson), criminal, sentencing Affirming conviction on making false statements involving international terrorism; vacating conviction on three counts of obstructing an official proceeding; and vacating 108-month sentence and remanding for resentencing. Charges arose from defendant’s entering into a romantic relationship with a target of her investigation, who she was … More October 11, 2024, opinions

September 25-27, 2024, opinions

September 30, 2024

Designated for publication per curiam (Higginbotham, Southwick, Higginson), taking, federal question jurisdiction On remand from the U.S. Supreme Court, remanding to district court with instructions to remand to state court the plaintiffs’ taking claims against Texas. Willett, J. (Willett, Wilson, Ramirez), Ramirez, J., concurring; First Amendment Reversing summary judgment in favor of the State of … More September 25-27, 2024, opinions

September 16, 2024, opinions

September 17, 2024

Designated for publication per curiam (Elrod, Ho, Wilson), Ho, J., concurring; administrative law, abortion law, standing On remand from the Supreme Court, vacating the district court’s order staying FDA rules regarding mifepristone and remanding for further proceedings. Judge Ho concurred, opining that the Supreme Court had the liberty to depart from precedent that the Fifth … More September 16, 2024, opinions

September 13, 2024, opinions

September 16, 2024

Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Ho, Duncan, Engelhardt, Wilson, Ramirez); Haynes, J., concurring in part (joined by Stewart, Southwick); Willett, J., dissenting (joined by King, Elrod, Graves, Higginson, Douglas); § 1983 Affirming dismissal of plaintiff’s § 1983 claim for money damages and to challenge constitutionally “tainted” state-law conviction, on basis … More September 13, 2024, opinions

August 16-21, 2024, opinions

August 23, 2024

Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions

August 1-15, 2024, opinions

August 20, 2024

Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions

July 1-17, 2024, opinions

July 19, 2024

Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions

May 21, 2024, opinions

May 22, 2024

Designated for publication Southwick, J. (Southwick, Engelhardt, Wilson), criminal, First Step Act Affirming denial of a second motion for sentence reduction under the First Step Act filed by defendant serving concurrent 360-month sentences for multiple drug conspiracy offenses involving both crack and powder cocaine and a consecutive 120-month sentence for using and possessing a semiautomatic … More May 21, 2024, opinions

May 13, 2024, opinions

May 14, 2024

Designated for publication Jones, J. (King, Jones, Oldham), bankruptcy Affirming denial of motion to vacate bankruptcy court’s order removing four members of the Official Committee of Unsecured Creditors in the Archdiocese’s Chapter 11 bankruptcy, and holding that the former members of the committee lack standing to prosecute the appeal. Jolly, J. (Jolly, Smith, Haynes), federal … More May 13, 2024, opinions

April 29, 2024, opinions

April 30, 2024

Designated for publication Smith, J. (Higginbotham, Smith, Higginson), bankruptcy, Burford abstention Reversing denial of claimant’s motion for Burford abstention in adversarial proceeding brought by debtor trustee to challenge the creditor’s proof of claim; reversing denial of motion to dismiss certain claims that parties agreed were claims for equitable relief; and vacating dismissal of remaining damages … More April 29, 2024, opinions