Designated for publication Johnson v. BOKF National Association, 18-11375, appeal from N.D. Tex. Dennis, J. (Higginbotham, Dennis, Ho), Ho, J., concurring in judgment only; banking law Affirming district court’s dismissal of putative class action against bank alleging that extended overdraft charges were usurious interest under the National Bank Act, for failure to state a claim. … More September 29, 2021 opinions
Designated for publication HTC Corp. v. Telefonaktiebolaget LM Ericsson, 19-40566 c/w 19-40643, appeal from E.D. Tex. Elrod, J. (Jones, Elrod, Higginson), Higginson, J., concurring; breach of contract [Take the Fifth is dealing with Hurricane Ida response issues right now, so will lean heavily on the judges’ introductory paragraphs to get you the gist of these … More August 31, 2021 opinions
Designated for publication U.S. v. Moparty, 19-20797, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Costa), criminal, sentencing, sufficiency of evidence, harmless error Affirming convictions and sentences of co-defendants for health care fraud, conspiracy to commit health care fraud, and money laundering. One co-defendant (Moparty) was sentenced to 108 months’ imprisonment; the other (Narang) was … More August 23, 2021 opinions
Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. En banc (Owen, Jones, Smith, Stewart, Dennis, Elrod, Haynes, Graves, Higginson, Costa, Willett, Ho, Engelhardt, Wilson) (recused: Southwick, Duncan, Oldham) Elrod and Willett, JJ., plurality (joined by Jones, Smith, Ho, Engelhardt, Wilson in full; concurred in judgment only by Owen and Haynes); … More August 19, 2021 opinions
Designated for publication Lindsey v. Bio-Medical Applications of Louisiana, L.L.C., 20-30289, appeal from W.D. La. Ho, J. (Ho, Oldham, Wilson), Family and Medical Leave Act Affirming in part and reversing in part summary judgment dismissal of employee’s claims against former employer, reversing dismissal of FMLA retaliation claim and affirming dismissal of other claims for FMLA … More August 16-17, 2021 opinions
Designated for publication Hernandez v. Garland, 19-60274, petition for review of BIA order Jones, J. (Jones, Costa, Duncan), Costa, J., dissenting; immigration Denying Salvadoran citizen’s petition for review of BIA order denying motion to reconsider prior order of removal or alternatively to reopen proceedings. BIA deemed the motion as a motion to reconsider, concluded that … More August 13, 2021 opinions
Designated for publication U.S. v. Jackson, 19-10627, appeal from N.D. Tex. per curiam (Wiener, Elrod, Higginson), criminal, crime of violence Vacating conviction of using a facility in aid of a racketeering enterprise with intent to commit a “crime of violence”; holding that predicate offense of sex trafficking of children is not a “crime of violence,” … More July 27-28, 2021 opinions
Designated for publication U.S. v. Hudgens, 19-50628, appeal from W.D. Tex. Clement, J. (Jones, Clement, Graves), Graves, J., dissenting; criminal, sentencing Affirming 240-month sentence on guilty plea to two counts of conspiracy to possess with intent to distribute heroin and methamphetamine. Defendant had provided heroin to his girlfriend, who immediately began to show signs of … More July 16, 2021 opinions
Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), abortion law, § 1983, sovereign immunity Affirming in part and reversing in part district court’s denial of motion to dismiss on sovereign immunity grounds suit by Planned Parenthood against the director of the Louisiana Department … More July 15, 2021 opinions
Designated for publication Singh v. Garland, 19-60937, petition for review of BIA order Higginbotham, J. (Higginbotham, Southwick, Willett), immigration Granting stay pending review of petition for review of BIA order dismissing Indian citizen’s appeal of IJ decision denying his application for asylum and protection under the Convention Against Torture and finding petitioner not credible. Petitioner’s … More July 12, 2021 opinions
