Tag: ERISA

August 17-18, 2022, opinions

August 19, 2022

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

August 15, 2022, opinions

August 16, 2022

(While I was on vacation/college-touring around the Northeast, then dealing with the Covid gathered from somewhere in the Northeast, I tracked 5th Circuit opinions for purposes of the gathering of opinion statistics from July 20 through August 12, but those opinions are not summarized here. So, picking back up with August 15 …) Designated for … More August 15, 2022, opinions

June 13-15, 2022, opinions

June 17, 2022

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication U.S. v. Hamilton, 20-20645, appeal from S.D. Tex.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

February 18, 2022, opinions

February 21, 2022

Designated for publication Newsom v. Reliance Standard Life Insurance Co., 20-10994, c/w 21-10519, appeal from N.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), ERISA Affirming in part and vacating in part–affirming district court’s judgment that plaintiff is eligible for long-term disability benefits and the alleged date of his disability, but vacating judgment as to entitlement to … More February 18, 2022, opinions

October 5, 2021 opinions

October 6, 2021

Designated for publication Lefebure v. D’Aquilla, 19-30702, c/w 19-30989, appeal from M.D. La. Ho, J. (Owen, Graves, Ho), Graves, J., dissenting; standing Treating petition for rehearing en banc as a petition for panel rehearing, and denying petition for panel rehearing, but withdrawing Feb. 9, 2021 opinion and substituting with new opinion with same result–reversing judgment … More October 5, 2021 opinions

September 22, 2021 opinions

September 23, 2021

Unpublished P. v. Blue Cross and Blue Shield of Texas, 20-30361, appeal from W.D. La. per curiam (Ho, Oldham, Wilson), Oldham, J., concurring; insurance, ERISA Reversing district court’s grant of plaintiff’s summary judgment motion and denial of defendant’s cross-motion for summary judgment, regarding defendant insurer’s decision to only cover a portion of plaintiff’s daughter’s months-long … More September 22, 2021 opinions