Designated for publication Hignell-Stark v. City of New Orleans, 21-30643, appeal from E.D. La. Smith, J. (Smith, Wiener, Southwick), § 1983, takings, Commerce Clause, First Amendment Affirming in part and vacating in part summary judgment dismissing two of three constitutional challenges by owners of short-term rentals (STRs) against the City of New Orleans in relation … More August 22, 2022, opinions
Designated for publication NexPoint Advisors, L.P. v. Highland Capital Management, L.P., 21-10449, appeal from N.D. Tex. Duncan, J. (Wiener, Graves, Duncan), bankruptcy Affirming in large part confirmation order in investment firm’s bankruptcy; but reversing that portion of the liquidation plan that exculpated certain non-debtors in violation of 11 U.S.C. § 524(e). The Court first held … More August 19, 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
Designated for publication Huskey v. Jones, 19-60588, appeal from N.D. Miss. Stewart, J. (Higginbotham, Stewart, Wilson), prisoner suit Reversing summary judgment dismissing plaintiff’s suit arising from conduct while he was incarcerated at the Mississippi State Penitentiary. The Court held that the plaintiff showed a genuine issue of fact as to the availability of administrative remedies. … More August 16, 2022, opinions
Designated for publication Gulfport Energy Corp. v. Federal Energy Regulatory Commission, 21-60017, c/w 21-60200 (petition for review of FERC orders) Smith, J. (Davis, Smith, Engelhardt), bankruptcy, standing, administrative law Granting petition for review of FERC orders, and vacating the orders, which sought to bind the petitioner to continue performing its gas transit contracts even if … More July 19, 2022, opinions
Designated for publication U.S. v. Coulter, 20-10999, appeal from N.D. Tex. Jones, J. (Richman, Jones, Wilson); Jones, J., concurring; Richman, C.J., dissenting; criminal, search and seizure Reversing district court’s order suppressing the defendant’s statements made to officer about his possession of a gun and his prior aggravated robbery conviction, where those statements were made without … More July 18, 2022, opinions
Designated for publication Williams v. City of Yazoo, 20-61061, appeal from S.D. Miss. Costa, J. (Clement, Graves, Costa), qualified immunity Affirming denial of qualified immunity as to individual officers in case arising from detainee’s death from internal bleeding while in county jail after being assaulted with a metal pipe and after jailers repeatedly ignored his … More July 15, 2022, opinions
Designated for publication Fairchild v. Coryell County, 20-50237, appeal from W.D. Tex. Costa, J. (Jolly, Southwick, Costa), excessive force, qualified immunity Reversing summary judgment in favor of jailer defendants and county on plaintiffs’ excessive force claims arising from the jailers’ forceful pinning of a pretrial detainee to the floor of her cell until she died, … More July 14, 2022, opinions
Designated for publication U.S. v. Morris, 20-30744, appeal from W.D. La. per curiam (Dennis, Higginson, Costa), criminal, search and seizure, sentencing Vacating the district court’s denial of the defendant’s motion to suppress evidence discovered during a consent search, on finding that the defendant had been subject to a stop and that, because the district court … More July 13, 2022, opinions
Designated for publication Securities and Exchange Commission v. Novinger, 21-10985, appeal from N.D. Tex. Stewart, J. (Jones, Stewart, Duncan); Jones, J., concurring (joined by Duncan, J.); Rule 60(b); First Amendment Affirming denial of Rule 60(b) motion filed five years after consent judgment, where defendant challenged the “no-deny” provision of its settlement of an SEC civil … More July 12, 2022, opinions
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