Designated for publication Lindsey v. Bio-Medical Applications of Louisiana, L.L.C., 20-30289, appeal from W.D. La. Ho, J. (Ho, Oldham, Wilson), Family and Medical Leave Act Affirming in part and reversing in part summary judgment dismissal of employee’s claims against former employer, reversing dismissal of FMLA retaliation claim and affirming dismissal of other claims for FMLA … More August 16-17, 2021 opinions
Designated for publication Hernandez v. Garland, 19-60274, petition for review of BIA order Jones, J. (Jones, Costa, Duncan), Costa, J., dissenting; immigration Denying Salvadoran citizen’s petition for review of BIA order denying motion to reconsider prior order of removal or alternatively to reopen proceedings. BIA deemed the motion as a motion to reconsider, concluded that … More August 13, 2021 opinions
Designated for publication Schweizer v. Canon, Inc., 20-20071, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), False Claims Act, qui tam Affirming summary judgment dismissal of plaintiff’s qui tam action under the False Claims Act alleging that Canon overcharged the U.S. for office equipment and provided non-compliant office products, holding that the claims were … More August 12, 2021 opinions
Designated for publication Spikes v. McVea, 19-30019, appeal from E.D. La. Higginbotham, J. (Higginbotham, Smith, Dennis), Smith, J., dissenting; prisoner suit, qualified immunity Affirming district court’s denial of qualified-immunity-based summary judgment in favor of defendant prison medical staff members, on prisoner plaintiff’s claim of an Eighth Amendment violation arising from deliberate indifference for six weeks … More August 11, 2021 opinions
Designated for publication Quadvest, L.P. v. San Jacinto River Authority, 20-20447, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), antitrust law Affirming denial of state-action immunity on behalf of water authority, against which plaintiff investor-owned utilities had brought claims under Section 1 of the Sherman Act. Defendant water authority, the SJRA, is a political … More August 3, 2021 opinions
Designated for publication Kaswatuka v. U.S. Department of Homeland Security, 20-10632, appeal from N.D. Tex. Stewart, J. (Stewart, Costa, Willett), employment discrimination, Title VII, Americans with Disabilities Act Affirming 12(b)(6) dismissal of plaintiff’s employment discrimination claims against the TSA. The Court first held that the plaintiff had waived any arguments other than those directly related … More August 2, 2021 opinions
Designated for publication Sanchez Oil & Gas Corp. v. Crescent Drilling & Production, Inc., 20-20304, appeal from S. D. Tex. Jones, J. (Jones, Clement, Graves), Fair Labor Standards Act, indemnification Reversing summary judgment in favor of defendant on plaintiff’s claim for indemnification for FLSA liability to subcontractor, finding existence of material fact as to whether … More July 30, 2021 opinions
Designated for publication Vazquez-Guerra v. Garland, 18-60828, petition for review of BIA order Ho, J. (Smith, Graves, Ho), immigration Denying petition for review of Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order denying asylum and withholding of removal for her and her minor daughter based on an expressed fear that … More July 29, 2021 opinions
Designated for publication U.S. v. Jackson, 19-10627, appeal from N.D. Tex. per curiam (Wiener, Elrod, Higginson), criminal, crime of violence Vacating conviction of using a facility in aid of a racketeering enterprise with intent to commit a “crime of violence”; holding that predicate offense of sex trafficking of children is not a “crime of violence,” … More July 27-28, 2021 opinions
Designated for publication U.S. v. Sharp, 20-60437, appeal from N.D. Miss. Costa, J. (Jones, Southwick, Costa), criminal, search and seizure, sufficiency of evidence, severance, Confrontation Clause, right to counsel Affirming conviction on fifteen drug trafficking and firearms counts arising from three separate incidents. The Court held there was no clear error in the district court’s … More July 26, 2021 opinions
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