January 5, 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

December 15, 2021, opinions

Designated for publication Timpa v. Dillard, 20-10876, appeal from N.D. Tex. Clement, J. (Clement, Southwick, Willett), qualified immunity Reversing summary judgment on qualified immunity as to plaintiffs’ claims of excessive force, and affirming in part and reversing in part the qualified immunity summary judgment on claims of bystander liability, arising from Dallas Police Department’s killing … More December 15, 2021, opinions

December 10-14, 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

December 1, 2021, opinions

Designated for publication Angel Brothers Enterprises, Ltd. v. Walsh, 20-60849, petition for review of OSH Review Commission Decision Costa, J. (Jones, Costa, Duncan), Jones, J., dissenting; administrative law, occupational safety Denying petition for review of decision by the Occupational Safety and Health Review Commission, which imputed supervisor’s knowledge of safety rule violation (doing excavation work … More December 1, 2021, opinions

November 8, 2021, opinions

Designated for publication U.S. v. Barlow, 18-30994, appeal from M.D. La. Southwick, J. (Clement, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Armed Career Criminal Act Affirming district court’s denial of petitioner’s § 2255 petition for post-conviction relief based on ineffective assistance of counsel and the application of the Armed Career Criminal Act. Petitioner pled … More November 8, 2021, opinions

November 5-6, 2021, opinions

Designated for publication Houston v. Texas Department of Agriculture, 20-20591, appeal from S.D. Tex. Higginson, J. (King, Higginson, Wilson), retaliation, Family and Medical Leave Act, Rehabilitation Act Affirming summary judgment dismissal of plaintiff’s claims of retaliation for exercising rights under the Family and Medical Leave Act and for discrimination under the Rehabilitation Act. The Court … More November 5-6, 2021, opinions

October 19, 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

June 11, 2021 opinions

Designated for publication U.S. v. Vasquez, 20-40332, appeal from E.D. Tex. per curiam (Owen, Jolly, Dennis), immigration Reversing district court’s declination to revoke citizenship status from naturalized former El Salvadoran military officer. During the Salvadoran Civil War, the defendant had a role in extrajudicial killings and a subsequent cover-up. Based on this role, the U.S. … More June 11, 2021 opinions

Take the Fifth: April 28, 2021 opinions

Designated for publication U.S. v. Onyeri, 18-50869, appeal from W.D. Tex. Clement, J. (Owen, Clement, Higginson), criminal, RICO, search and seizure Affirming RICO conviction for pattern of criminal activity culminating in attempted assassination attempt on state judge. The Court held that the district court did not err in denying a motion to suppress evidence from … More Take the Fifth: April 28, 2021 opinions