November 3, 2021, opinions

Designated for publication Stevens v. St. Tammany Parish Government, 20-30644, appeal from E.D. La. Higginson, J. (King, Higginson, Wilson), environmental law, res judicata Affirming dismissal of state-law claims arising from sewage and stormwater drainage across plaintiffs’ properties on res judicata grounds, and affirming dismissal of Clean Water Act claims for failure to state a claim. … More November 3, 2021, opinions

October 27-29, 2021, opinions

Designated for publication U.S. v. Sincleair, 20-10495, appeal from N.D. Tex. Davis, J. (Davis, Haynes, Oldham), Oldham, J., dissenting; criminal, sentencing Vacating sentence reached upon application of two-point enhancement for possession of dangerous weapon, and remanding for resentencing. The Court held, “[I]t is not clear whether the district court determined that Sincleair personally possessed the … More October 27-29, 2021, opinions

October 21-25, 2021, opinions

Designated for publication Ghedi v. Mayorkas, 20-10995, appeal from N.D. Tex. Willett, J. (Stewart, Costa, Willett), Fourth Amendment, Administrative Procedures Act Affirming dismissal of plaintiff’s Fourth Amendment and APA claims against various federal officials in their official capacities arising from being subjected to air travel restrictions and inconveniences. While the Court disagreed with the district … More October 21-25, 2021, opinions

October 20, 2021, opinions

Designated for publication U.S. v. Martinez, 20-50984, appeal from W.D. Tex. Costa, J. (King, Costa, Ho), criminal, sentencing, supervised release Granting Anders motion to appointed defense counsel to withdraw as no non-frivolous grounds for appeal exist, but specifically addressing why there is not a non-frivolous argument that the orally pronounced terms of supervised release did … More October 20, 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

October 18, 2021, opinions

Unpublished Naquin v. Medtronic, Inc., 20-30793, appeal from E.D. La. per curiam (Davis, Elrod, Oldham), product liability Affirming dismissal of plaintiff’s product liability claims against manufacturer of implantable cardia defibrillator. Rosales-Santos v. Garland, 20-60189, petition for review of BIA order per curiam (Wiener, Dennis, Haynes), immigration Dismissing in part and denying in part petition for … More October 18, 2021, opinions

October 15, 2021, opinions

Designated for publication Butler v. Denka Performance Elastomer, L.L.C., 20-30365, appeal from E.D. La. Higginson, J. (Haynes, Higginson, Oldham), Haynes, J., dissenting in part; Oldham, J., dissenting in part; toxic tort, removal Affirming the district court’s denial of plaintiff’s motion to remand this CAFA-removed toxic tort suit; reversing 12(b)(6) dismissal of plaintiff’s claims against former … More October 15, 2021, opinions

October 13-14, 2021 opinions

Designated for publication Hawkins v. U.S. Department of Housing and Urban Development, 20-20281, appeal from S.D. Tex. Wiener, J. (Wiener, Dennis, Duncan), Duncan, J., dissenting; Administrative Procedure Act, Fair Housing Act Reversing district court’s dismissal of plaintiffs’ APA and FHA claims against HUD, holding that HUD is bound by its prior self-imposed obligation to provide … More October 13-14, 2021 opinions

October 12, 2021 opinions

Designated for publication Securities and Exchange Commission v. Blackburn, 20-30464, appeal from E.D. La. Costa, J. (Dennis, Higginson, Costa), securities law Affirming the district court’s summary judgment in favor of the SEC against three defendants for selling unregistered securities and misleading investors in operating a penny stock company, and affirming remedy of disgorgement of defendants’ … More October 12, 2021 opinions

October 6, 2021 opinions

Designated for publication U.S. v. Gardner, 20-50481, appeal from W.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), criminal, guilty plea Vacating conviction for possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, and remanding for district court to hold an evidentiary hearing on defendant’s motion to withdraw his guilty plea. … More October 6, 2021 opinions