Take the Fifth: May 6 and 7, 2021 opinions

Designated for publication U.S. v. Gas Pipe, Inc., 19-11145, appeal from N.D. Tex. Higginson, J. (Haynes, Higginson, Oldham), criminal, sufficiency of evidence, fraud, sentencing Affirming conviction for conspiracy to defraud the United Stated for defrauding the FDA by mislabeling or selling synthetic cannabinoids marked as “not meant for human consumption” as “spice” for smoking; and … More Take the Fifth: May 6 and 7, 2021 opinions

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

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. 12, 2020 opinions

Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), intervention, election law Denying motion to intervene on appeal, by plaintiff in similar but separate case. This motion arises from two lawsuits challenging Texas’s signature-verification scheme for absentee ballots. Noting that, “[p]erhaps because there is no rule explicitly allowing … More Take the Fifth: Nov. 12, 2020 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 30, 2020 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Graves, Haynes, Higginson, Costa, Willett, Ho, Engelhardt, Wilson); abortion law After the October 13 release of the panel opinion affirming the district court’s injunction of enforcement of Texas Senate Bill 8 (requiring that “a … More Take the Fifth: Oct. 30, 2020 opinions

Take the Fifth: Oct. 28, 2020 opinions

Designated for publication Mi Familia Vota v. Abbott, 20-50907, appeal from W.D. Tex. per curiam (Owen, Davis, Southwick), election law, Covid-19, mask mandate On October 27, 2020, on a remand from the Fifth Circuit, the district court issued a preliminary injunction of one provision of Governor Abbott’s declaration regarding COVID-19-related election procedures in Texas–specifically, a … More Take the Fifth: Oct. 28, 2020 opinions

Take the Fifth: Oct. 19, 2020 opinions

Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), Higginbotham, J., concurring; election law, sovereign immunity Staying, pending appeal, the district court’s injunction of Texas’s procedures regarding mail-in ballot signature verification and voter-notification procedures. Texas’s absentee mail-in balloting procedures–a system that, as confirmed by 5th Circuit’s October 14th … More Take the Fifth: Oct. 19, 2020 opinions

Take the Fifth: Oct. 14, 2020 opinions

To create a little efficiency for the writers of this blog, Take the Fifth will take a different tack beginning today. We will continue to include full summaries of those opinions designated for publication, but for unpublished opinions will only continue to provide links to the opinions and basic statistical information regarding basic outcome, district … More Take the Fifth: Oct. 14, 2020 opinions

Take the Fifth: Oct. 12, 2020 opinions

Martinez v. Pompeo, 19-41041, appeal from S.D. Tex., designated for publication per curiam (King, Graves, Oldham), immigration, Administrative Procedures Act Affirming dismissal of suit by plaintiffs for issuance of U.S. passport to father, who claimed to be a U.S. citizen, and for issuance of immigrant visas to his wife and step-daughter. Father had conflicting birth … More Take the Fifth: Oct. 12, 2020 opinions

Take the Fifth: Sept. 30, 2020 opinions

Texas Alliance for Retired Americans v. Hughs, 20-40643, Designated for Publication per curiam (Clement, Elrod, Haynes), elections law Staying district court’s preliminary injunction of enforcement of Texas House Bill 25, which would eliminate straight-ticket voting. HB25’s straight-ticket voting ban became effective September 1, 2020; District Court enjoined HB25 on September 25; early voting in Texas … More Take the Fifth: Sept. 30, 2020 opinions