(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions
Designated for publication U.S. v. Castro, 18-10137, appeal from N.D. Tex. Oldham, J. (Ho, Oldham, Wilson), habeas corpus Denying petition for rehearing, but withdrawing prior panel opinion and substituting new opinion that vacates Certificate of Appealability and dismisses appeal from denial of § 2255 petition. The Court held that it had the power to vacate … More March 14-18, 2022, opinions
Designated for publication Fakhuri v. Garland, 19-60275, petition for review of BIA order Smith, J. (Smith, Costa, Wilson), immigration Denying in part and dismissing in part Jordanian citizen’s (and legal permanent resident’s) petition for review of BIA order sustaining IJ’s determination that Tennessee conviction of money laundering was an “aggravated felony” supporting removal, on basis … More March 10-11, 2022, opinions
Designated for publication Collins v. Yellen, 17-20364, appeal from S.D. Tex. per curiam (joined by Owen, Jones, Smith, Elrod, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J., dissenting, joined by Stewart, Dennis, Graves, Costa, JJ.); separation of powers After partial vacatur and remand by U.S. Supreme Court of en banc decision at … More March 1-4, 2022, opinions
Designated for publication Continental Automotive Systems, Inc. v. Avanci, L.L.C., 20-11032, appeal from N.D. Tex. Stewart, J. (Stewart, Ho, Engelhardt); Ho, J., constructively dissenting; antitrust law, standing Vacating 12(b)(6) dismissal of automotive parts supplier’s antitrust claim against patent licensing agent for group of standard-essential patent holders of cellular-connectivity technologies, and remanding to district court with … More February 23-28, 2022, opinions
Designated for publication Craig v. Martin, 19-10013, appeal from N.D. Tex. Owen, C.J. (Owen, Barksdale, Duncan), qualified immunity Reversing denial of qualified immunity summary judgment on excessive force claims and rendering judgment in favor of police officer defendant. The Court held that the video evidence showed that it was not objectively unreasonable for the officer … More February 15, 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 Dotson v. Atlantic Specialty Insurance Co., 21-30314, appeal from E.D. La. Ho, J. (King, Graves, Ho), insurance, res judicata Affirming summary judgment dismissing plaintiff’s bad faith claims against insurer arising from insurer’s representations about policy limits in prior litigation arising from an auto accident, on grounds of the res judicata effect of … More January 31, 2022, opinions
Designated for publication Gabriel Investment Group, Inc. v. Texas Alcoholic Beverage Commission, 21-50322, appeal from W.D. Tex. Willett, J. (King, Costa, Willett), alcohol regulation Certifying to the Texas Supreme Court question regarding whether an exempt publicly-traded corporation owning a package store permit may retain that permit when it is sold to a non-exempt publicly-traded corporation … More January 28, 2022, opinions
Unpublished U.S. v. Viator, 20-11235, appeal from N.D. Tex. per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release Afirming district court’s denial of motion for compassionate release. Small v. Zarvona Energy, L.L.C., 20-20316, appeal from S.D. Tex. per curiam (Smith, Stewart, Graves), prisoner suit Affirming dismissal of former prisoner’s § 1983 suit for lack of subject … More January 26, 2022, opinions
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