Tag: defamation

Take the Fifth: April 6 and 7, 2021 opinions

April 12, 2021

Brackeen v. Haaland, 18-11479, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Wiener, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham), Indian Child Welfare Act, standing, Administrative Procedures Act No one principal opinion commanded a majority of the en banc Court as to the constitutionality of the Indian Child Welfare … More Take the Fifth: April 6 and 7, 2021 opinions

Take the Fifth: Jan. 1 – 11, 2021 opinions

January 12, 2021

Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions

Take the Fifth: Nov. 24, 2020 opinions

November 25, 2020

Designated for publication Smith v. Wal-Mart Stores, Inc., 19-20818, appeal from S.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), defamation Affirming summary judgment in favor of Wal-Mart on plaintiff’s defamation claim for being misidentified as a shoplifter by a Wal-Mart employee. Court held that, under standard necessary to overcome the qualified privilege under Texas law that … More Take the Fifth: Nov. 24, 2020 opinions