Designated for publication U.S. v. Caldwell, 21-10509, appeal from N.D. Tex. per curiam (Richman, Costa, Ho), habeas corpus Reversing district court’s grant of relief on § 2255 petition, holding that petitioner’s guilty-plea waiver barred collateral attack even where based on a substantive change in the law. Texas v. U.S., 22-40367, appeal from S.D. Tex. per … More July 6, 2022, opinions
Designated for publication South Central Houston Action Council v. Oak Baptist Church, 21-20559, appeal from S.D. Tex. Jones, J. (Jones, Elrod, Higginson), bankruptcy, magistrate jurisdiction Vacating affirmance of summary judgment entered by bankruptcy court, where on appeal to district court the district court had referred the bankruptcy appeal to a magistrate with the parties’ consent. … More June 30, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Durbois v. Deutsche Bank National Trust Co., 20-11082, appeal from N.D. Tex. Oldham, J. (Jolly, Haynes, Oldham), foreclosure, diversity jurisdiction Reversing district court’s dismissal of homeowner’s suit arising from the … More June 16-17, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication U.S. v. Hamilton, 20-20645, appeal from S.D. Tex. Higginson, J. (Higginson, Willett, Ho), criminal, sentencing, sufficiency of evidence Affirming conviction of conspiracy to commit healthcare fraud, in violation of 18 … More June 13-15, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Owens v. Circassia Pharmaceuticals, Inc., 21-10760, appeal from N.D. Tex. Engelhardt, J. (Willett, Engelhardt, Wilson), employment discrimination Affirming summary judgment for employer in … More May 13, 2022, opinions
Designated for publication Edwards Family Partnership, L.P. v. Johnson, 20-61011, appeal from S.D. Miss. Higginson, J. (Dennis, Higginson, Costa), bankruptcy Affirming in part, reversing in part, and remanding from district court’s order reversing in part and affirming in part the bankruptcy court’s orders arising from $17.8 million claimed by companies controlled by Dr. Charles Edwards … More April 27, 2022, opinions
Designated for publication Rodriguez v. Garland, 20-60008, petition for review of BIA order per curiam (Higginbotham, Willett, Duncan); Duncan, J., concurring (joined by Higginbotham, Southwick, Higginson, Willett, JJ.); Elrod, J., dissenting (joined by Jones, Smith, Wilson, JJ.); Ho, J., dissenting; immigration Denying petition for panel rehearing and for en banc rehearing, with eight judges voting … More April 19, 2022, opinions
Designated for publication Penn-America Insurance Co. v. Tarango Trucking, L.L.C., 21-10749, appeal from N.D. Tex. Davis, J. (Davis, Willett, Oldham), insurance Reversing in part and vacating in part judgment that insurer did not owe defense or indemnity regarding fatal accident on insured’s property, finding that an exception to a policy automobile exclusion applied. An independent … More April 4, 2022, opinions
Designated for publication Newsom v. Reliance Standard Life Insurance Co., 20-10994, c/w 21-10519, appeal from N.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), ERISA Affirming in part and vacating in part–affirming district court’s judgment that plaintiff is eligible for long-term disability benefits and the alleged date of his disability, but vacating judgment as to entitlement to … More February 18, 2022, opinions
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