August 23, 2022, opinions

Designated for publication U.S. v. Morton, 19-10842, appeal from N.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Higginson, J., concurring (joined in whole by Elrod, Willett, JJ., and in part by Ho, Wilson, JJ.); Graves, J., dissenting (joined by Dennis, J.); Jolly, J., not joining … More August 23, 2022, opinions

August 17-18, 2022, opinions

Designated for publication U.S. v. Crittenden, 18-50635, appeal from W.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Elrod, J., dissenting (joined by Dennis, Graves, JJ.); new trial, criminal Reversing new trial ordered by district court after jury had convicted defendant of drug conspiracy, … More August 17-18, 2022, opinions

June 13-15, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication U.S. v. Hamilton, 20-20645, appeal from S.D. Tex. Higginson, J. (Higginson, Willett, Ho), criminal, sentencing, sufficiency of evidence Affirming conviction of conspiracy to commit healthcare fraud, in violation of 18 … More June 13-15, 2022, opinions

April 6-7, 2022, opinions

Designated for publication Seguin v. Remington Arms Co., 17-30499, appeal from E.D. La. Southwick, J. (Owen, Dennis, Southwick), Dennis, J., dissenting; product liability After Louisiana Supreme Court declined certified question on the issue, reversing summary judgment in favor of plaintiff in design-defect claim under the Louisiana Product Liability Act (“LPLA”) against firearm manufacturer after accidental … More April 6-7, 2022, opinions

February 23-28, 2022, opinions

Designated for publication Continental Automotive Systems, Inc. v. Avanci, L.L.C., 20-11032, appeal from N.D. Tex. Stewart, J. (Stewart, Ho, Engelhardt); Ho, J., constructively dissenting; antitrust law, standing Vacating 12(b)(6) dismissal of automotive parts supplier’s antitrust claim against patent licensing agent for group of standard-essential patent holders of cellular-connectivity technologies, and remanding to district court with … More February 23-28, 2022, opinions

February 17, 2022, opinions

Unpublished Herndon v. U.S., 20-10688, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), Federal Tort Claims Act Affirming summary judgment dismissal of former prisoner’s medical malpractice claim under the FTCA. Guzman v. U.S. Department of Homeland Security, 20-11123, appeal from N.D. Tex. per curiam (Davis, Jones, Elrod), habeas corpus Affirming dismissal of former immigration … More February 17, 2022, opinions

February 14, 2022, opinions

Designated for publication McFarland v. Lumpkin, 19-70011, appeal from S.D. Tex. per curiam (Higginbotham, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Brady claim, Sixth Amendment Affirming denial of habeas relief, after having granted COA on denial of claims of ineffective assistance of counsel, Brady violation, and Sixth Amendment violation. Reminiscent of the original panel … More February 14, 2022, opinions

February 9, 2022, opinions

Designated for publication VSP Labs, Inc. v. Hillair Capital Investments, L.P., 20-10885, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Willett, Duncan), bankruptcy Affirming district court and bankruptcy court orders prohibiting one non-debtor from asserting claims against two other non-debtors. VSP had entered into a technology-sharing agreement with Pro Fix Optix (“PFO”). VSP brought a breach … More February 9, 2022, opinions