Designated for publication Gross v. Keen Group Solutions, L.L.C., 20-20594, appeal from S.D. Tex. Jones, J. (Jones, Smith, Haynes), Haynes, J., dissenting; appellate jurisdiction Dismissing appeal of district court’s denial of defendant’s Rule 60(b)(5) motion in dispute over whether arbitration award had been fully satisfied. The Court found that “[t]he district court here still has … More December 2-3, 2021, opinions
Designated for publication Williams v. Homeland Insurance Co. of New York, 20-30196, appeal from W.D. La. Haynes, J. (Jones, Haynes, Ho), Ho, J., concurring; Jones, J., dissenting; jurisdiction Reversing district court’s determination that it had diversity jurisdiction because a non-diverse defendant had been mis-joined, vacating the district court’s merits ruling dismissing the plaintiffs’ claims, and … More November 30, 2021, opinions
Designated for publication Coleman v. BP Exploration & Production, Inc., 20-40811, appeal from S.D. Tex. Willett, J. (Higginbotham, Willett, Duncan), negligence, independent contractor Affirming summary judgment dismissal of claims against project management company (BP) and against day-to-day management company (Grand Isle Shipping), on claims of employee of scaffolding subcontractor arising from plaintiff’s back injury received … More November 22-29, 2021, opinions
Designated for publication Gomez v. Galman, 20-30508, appeal from E.D. La. per curiam (Stewart, Ho, Engelhardt), Ho, J., concurring; 1983 Reversing 12(b)(6) dismissal of plaintiff’s section 1983 claims against two off-duty New Orleans Police officers who savagely beat him, reversing dismissal of state-law negligent hiring/training/retention claims against the City of New Orleans, but affirming dismissal … More November 18, 2021, opinions
Designated for publication Great American Insurance Co. v. Employers Mutual Casualty Co., 20-11113, appeal from N.D. Tex. Haynes, J. (King, Smith, Haynes), insurance Reversing summary judgment dismissal of plaintiff umbrella insurer’s declaratory judgment claim against defendant umbrella insurer in dispute regarding which umbrella insurer’s policy had priority coverage for a settlement agreement reached in an … More November 17, 2021, opinions
Unpublished VanBuren v. Spoon, 20-30662, appeal from W.D. La. per curiam (Davis, Jones, Elrod), § 1983, timeliness Dismissing appeal from dismissal of § 1983 claims, on basis that constructive notice of appeal was untimely. U.S. v. Escobedo, 20-40565, appeal from S.D. Tex. per curiam (Barksdale, Costa, Engelhardt), criminal, supervised release Affirming revocation of supervised release … More November 16, 2021, opinions
Designated for publication BVS Construction, Inc. v. Prosperity Bank, 21-50274, appeal from W.D. Tex. Clement, J. (Clement, Southwick, Willett), bankruptcy, res judicata Affirming district court’s and bankruptcy court’s overruling of debtor’s claim objection to secured creditor’s proof of claim, on basis that “res judicata, judicial estoppel, and judicial admission barred [debtor’s] claim objection on the … More November 15, 2021, opinions
Designated for publication New Falls Corp. v. LaHaye, 19-30795, appeal from W.D. La. Costa, J. (Elrod, Southwick, Costa), bankruptcy Affirming the district court’s judgment that the terms of a prior bankruptcy proceeding of a grocery store were binding in a subsequent personal bankruptcy by the grocery store’s owners. A lender to a grocery store made … More November 11-12, 2021, opinions
Designated for publication Guzman v. Allstate Assurance Co., 20-11247, appeal from N.D. Tex. Elrod, J. (Davis, Elrod, Oldham), insurance Reversing summary judgment in favor of life insurance company on widow/beneficiary’s suit for recovery of life insurance benefits after her 28-year-old husband died after suffering a seizure. The insurer determined that the insured would not have … More November 10, 2021, opinions
Unpublished U.S. v. Hernandez, 20-61032, appeal from S.D. Miss. per curiam (Jolly, Willett, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. Noakes, 21-10225, appeal from N.D. Tex. per curiam (King, Costa, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. Bickens, 21-10392, appeal from N.D. Tex. per curiam … More November 9, 2021, opinions
Take the Fifth 