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Unpublished U.S. v. Hernandez, 20-61032, appeal from S.D. Miss.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
Unpublished Lopez-Rivas v. Garland, 20-60205, petition for review of BIA order per curiam (King, Costa, Ho), immigration Denying Guatemalan citizen’s petition for review of BIA order dismissing her appeal of an Immigration Judge (IJ) decision denying a motion to reopen her 1996 in absentia exclusion order. Hernandez v. Garland, 20-60260, petition for review of BIA … More November 4, 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
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
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
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
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
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
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