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 Jones v. Lumpkin, 19-10079, appeal from N.D. Tex. Jones, J. (Jones, Higginson, Duncan), habeas corpus, timeliness Affirming district court’s dismissal of federal habeas application that had been filed after AEDPA’s one-year limitations period and that was not entitled to statutory tolling, on finding that petitioner was not entitled to equitable tolling. Petitioner’s … More January 5, 2022, opinions
Designated for publication Aviles-Tavera v. Garland, 20-60587, petition for review of BIA order Higginbotham, J. (Higginbotham, Stewart, Wilson), immigration Denying Mexican citizen’s petition for review of BIA determination that he is statutorily ineligible for withholding of removal and not entitled to protection under the Convention Against Torture. In a prior removal proceeding, the IJ determined … More January 4, 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 U.S. v. Greer, 19-11348, appeal from N.D. Tex. Stewart, J. (Higginbotham, Stewart, Wilson), criminal, sentencing, Armed Career Criminal Act On remand from U.S. Supreme Court, vacating sentence under the ACCA to 120 months on guilty-plea conviction of being a convicted felon in possession of a firearm, and remanding for resentencing. In Borden … More December 20-29, 2021, opinions
Designated for publication DeOtte v. Nevada, 19-10754, appeal from N.D. Tex. Southwick, J. (Higginbotham, Southwick, Engelhardt), Affordable Care Act, Religious Freedom and Restoration Act, mootness, intervention Vacating district court’s injunction of the 2015 rules implementing the contraception mandate of the ACA, in light of Little Sisters of the Poor Saints Peter and Paul Home v. … More December 17, 2021, 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 Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions
Unpublished Wilder v. Caliber Home Loans, Inc., 20-10314, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), foreclosure Affirming summary judgment in favor of mortgage issuer in foreclosure claims. U.S. v. Galvez, 20-20449, appeal from S.D. Tex. per curiam (Davis, Jones, Elrod), criminal, sentencing Affirming 14-month sentence for illegal reentry. U.S. v. Brule, 20-30571, appeal … More December 8, 2021, opinions
Designated for publication Ibrahim v. Garland, 20-60936, petition for review of BIA order Smith, J. (King, Smith, Haynes), immigration Denying petition by Egyptian citizen (and lawful permanent U.S. resident) for review of BIA order to remove him to Egypt upon his conviction in Louisiana of indecent behavior with juveniles. The Court held that the government … More December 6, 2021, opinions
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