Designated for publication Elrod, J. (Wiener, Elrod, Engelhardt), criminal, sentencing Vacating sentence for conviction of being a felon in possession of a firearm, where sentence is based on enhancement applicable when a defendant’s firearm “has an altered or obliterated serial number” and there is no evidence that the rifle at issue ever had a serial … More March 20, 2023, opinions
Unpublished per curiam (Dennis, Elrod, decided by quorum), intervention Reversing district court’s denial of intervention-of-right to five entities involved in the electric transmission market in case brought to challenge constitutionality of Texas statute providing a regulatory right of first refusal to the owner of an existing utility facility for the connection of new electric transmission … More December 7, 2022, opinions
Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions
Designated for publication per curiam (Jolly, Higginson, Engelhardt), Engelhardt, J., concurring; insurance, remand, diversity jurisdiction, removal Affirming denial of motion for remand, but reversing summary judgment in favor of insurer on coverage dispute arising from insurer’s denial of plaintiff’s Hurricane Harvey-related property damage coverage claims on the basis of an exclusion for pre-existing wear and … More October 3, 2022, opinions
Designated for publication Glenn v. Tyson Foods, Inc., 21-40622, c/w Chavez v. Tyson Foods, Inc., 21-11110, appeals from E.D. Tex. and N.D. Tex. Willett, J. (Willett, Engelhardt, Wilson), federal officer jurisdiction, removal Affirming district courts’ remand orders for claims against Tyson Foods arising from its decision to keep its poultry processing plants open during the … More July 7, 2022, opinions
Designated for publication Edwards Family Partnership, L.P. v. Johnson, 20-61011, appeal from S.D. Miss. Higginson, J. (Dennis, Higginson, Costa), bankruptcy Affirming in part, reversing in part, and remanding from district court’s order reversing in part and affirming in part the bankruptcy court’s orders arising from $17.8 million claimed by companies controlled by Dr. Charles Edwards … More April 27, 2022, opinions
Designated for publication Fakhuri v. Garland, 19-60275, petition for review of BIA order Smith, J. (Smith, Costa, Wilson), immigration Denying in part and dismissing in part Jordanian citizen’s (and legal permanent resident’s) petition for review of BIA order sustaining IJ’s determination that Tennessee conviction of money laundering was an “aggravated felony” supporting removal, on basis … More March 10-11, 2022, opinions
Designated for publication Williams v. Lockheed Martin Corp., 18-31162, appeal from E.D. La. Owen, C.J. (Owen, Willett, Oldham), federal officer jurisdiction, asbestos, sanctions Denying petition for en banc rehearing, granting petition for panel rehearing, vacating panel opinion, and issuing new decision affirming district court’s denial of motion to remand, summary judgment dismissal of asbestos-exposure claims, … More Take the Fifth: March 9, 2021 opinions
Designated for publication U.S. v. Masha, 19-20673, appeal from S.D. Tex. Jones, J. (Jones, Clement, Graves), criminal, sufficiency of evidence, sentencing Affirming conviction and sentence on eight counts of false use of a passport under 18 U.S.C. § 1543, and vacating (with government’s acquiescence) conviction and sentence on eight counts of misuse of a passport … More Take the Fifth: March 8, 2021 opinions
Designated for publication Wickfire, LLC v. Woodruff, 17-50340, appeal from W.D. Tex. Owen, C.J. (Owen, Dennis, Southwick), sufficiency of evidence, jurisdiction, Lanham Act, tortious interference, civil conspiracy Affirming in part and reversing in part district court judgment based on jury verdict on cross-claims between two internet advertising ventures arising from auctions for Google ad placement … More Take the Fifth: Feb. 26, 2021 opinions
