Designated for publication Midwestern Cattle Marketing, LLC v. Legend Bank, N.A., 20-10663, appeal from N.D. Tex. Barker, J., by desig. (Smith, Ho, Barker), decretal language, summary judgment Affirming the summary judgment entered by the district court on remand from prior appeal in matter. The Court rejected plaintiff’s argument that an unjust enrichment claim was still … More June 8-9, 2021 opinions
Designated for publication Butler v. Porter, 19-30029, appeal from W.D. La. Haynes, J. (Owen, Dennis, Haynes), Bivens claim Affirming in part, affirming the district court’s dismissal of Bivens claim for First Amendment retaliation claims and for due process claims, and affirming the district court’s denial of motions to file surreply briefs and to file amended … More Take the Fifth: June 2-3, 2021 opinions
Designated for publication Lillie v. Office of Financial Institutions State of Louisiana, 19-30705, appeal from M.D. La. Smith, J. (Smith, Graves, Ho), securities law Affirming denial of continuance for further discovery and grant of summary judgment to defendants (“SEI”) that were associated with Stanford International Bank, Ltd. in Robert Stanford’s Ponzi scheme, based on conclusion … More Take the Fifth: May 14-17, 2021 opinions
Designated for publication Nguyen v. Garland, 19-60342, petition for review of BIA order Graves, J. (Jones, Clement, Graves), immigration Denying Vietnamese citizen’s petition for review of BIA decision that affirmed the ruling of an immigration judge who had found that Mr. Nguyen was subject to removal from the United States because he had been convicted … More Take the Fifth: May 12, 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
Designated for publication Douglas v. Nippon Yusen Kabushiki Kaisha, 20-30379, appeal from E.D. La. per curiam (King, Elrod, Willett), Elrod, J., specially concurring, joined by WIllett, J.; personal jurisdiction Affirming dismissal of two lawsuits against Japanese company that chartered boat that collided with U.S. Navy vessel in Japanese territorial waters, killing seven sailors and injuring … More Take the Fifth: April 30, 2021 opinions
Designated for publication Phillips v. Sanofi US Services, Inc., 20-30405, appeal from E.D. La. per curiam (King, Smith, Haynes), product liability Affirming summary judgment dismissal of plaintiff’s failure-to-warn claim regarding permanent hair-loss from chemotherapy drug Taxotere, on finding that, under Louisiana law, there was a lack of causation because there was no genuine dispute that … More Take the Fifth: April 19, 2021 opinions
Designated for publication U.S. v. Knowlton, 19-41042, appeal from E.D. Tex. Elrod, J. (Elrod, Willett, Engelhardt), criminal Affirming conviction for receiving material containing child pornography. The Court held that the flash drives, external hard drives, and computer hard drives were “materials containing” child pornography and not merely child pornography itself, rejecting defendant’s argument that he … More Take the Fifth: April 1-2, 2021 opinions
Designated for publication U.S. v. Brune, 19-11360, appeal from N.D. Tex. Smith, J. (Jones, Smith, Elrod), criminal, double jeopardy Affirming conviction of defendant for possess with intent to distribute a mixture and substance containing more than 50 grams of methamphetamine. In the charging instrument, the government had misstated the statutory citation for the charged crime, … More Take the Fifth: March 22 and 23, 2021 opinions
Designated for publication U.S. v. Fackrell, 18-40598, appeal from E.D. Tex. Stewart, J. (Stewart, Duncan, Wilson), criminal, sentencing, death penalty Affirming convictions and death sentences of co-defendants for first-degree murder of fellow inmate in prison shanking to enforce rules of the Soldiers of Aryan Culture (“SAC”) prison gang. The Court held that the district court … More Take the Fifth: March 11, 2021 opinions
