Designated for publication Dillon Gage, Inc. v. Certain Underwriters at Lloyds, 20-10262, appeal from N.D. Tex. Graves, J. (Barksdale, Southwick, Graves), insurance After receiving answer to certified question from Texas Supreme Court, affirming district court’s summary judgment dismissing claim against insurer arising from million-dollar-plus loss of plaintiff who sent gold coins to a thief who … More February 16, 2022, opinions
Designated for publication VSP Labs, Inc. v. Hillair Capital Investments, L.P., 20-10885, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Willett, Duncan), bankruptcy Affirming district court and bankruptcy court orders prohibiting one non-debtor from asserting claims against two other non-debtors. VSP had entered into a technology-sharing agreement with Pro Fix Optix (“PFO”). VSP brought a breach … More February 9, 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
Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), Ho, J., concurring; abortion law, sovereign immunity, Ex parte Young Granting petition for panel rehearing, withdrawing opinion issued July 15, 2021, which had reversed in part the denial of dismissal on sovereign immunity grounds the … More January 20, 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
Designated for publication Parada-Orellana v. Garland, 19-60645, petition for review of BIA order Wilson, J. (Higginbotham, Stewart, Wilson), immigration Denying petition for panel rehearing; withdrawing August 6, 2021, panel opinion and substituting new panel opinion denying Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ’s motion to rescind in absentia order of … More January 3, 2022, 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
Designated for publication Cleven v. Mid-America Apartment Communities, Inc., No. 18-50846, c/w Brown v. Mid-America Apartment Communities, Inc., No. 18-50851, appeal from W.D. Tex. Owen, C.J. (Owen, Smith, Dennis), Dennis, J., dissenting; class action, breach of contract On a Rule 23(f) appeal, reversing district court’s certification of classes in two actions against apartment company arising … More December 9, 2021, opinions
Designated for publication U.S. v. Barlow, 18-30994, appeal from M.D. La. Southwick, J. (Clement, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Armed Career Criminal Act Affirming district court’s denial of petitioner’s § 2255 petition for post-conviction relief based on ineffective assistance of counsel and the application of the Armed Career Criminal Act. Petitioner pled … More November 8, 2021, opinions
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
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