November 2-9, 2022, opinions
(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Unpublished
(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Unpublished
Designated for publication Unpublished
Designated for publication Unpublished
(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Unpublished
Designated for publication South Central Houston Action Council v. Oak Baptist Church, 21-20559, appeal from S.D. Tex. Jones, J. (Jones, Elrod, Higginson), bankruptcy, magistrate jurisdiction Vacating affirmance of summary judgment entered by bankruptcy court, where on appeal to district court the district court had referred the bankruptcy appeal to a magistrate with the parties’ consent. … More June 30, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Durbois v. Deutsche Bank National Trust Co., 20-11082, appeal from N.D. Tex. Oldham, J. (Jolly, Haynes, Oldham), foreclosure, diversity jurisdiction Reversing district court’s dismissal of homeowner’s suit arising from the … More June 16-17, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions
Designated for publication Vista Health Plan, Inc. v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, finality of judgment Withdrawing panel opinion from March 17, 2022, which affirmed district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS … More April 20, 2022, opinions
Designated for publication Boch-Saban v. Garland, 20-60540, petition for review of BIA order per curiam (Southwick, Haynes, Higginson), immigration Vacating BIA order dismissing as untimely a Guatemalan citizen’s appeal from an IJ’s order denying as time- and number-barred a motion to reopen and dismiss, and remanding to BIA to consider in the first instance the … More April 8, 2022, opinions
Designated for publication Defense Distributed v. Bruck, 21-50327, appeal from W.D. Tex. Jones, J. (Jones, Elrod, Higginson), Higginson, J., dissenting; mandamus, First Amendment, venue transfer, severance Granting mandamus ordering the district court to request retransfer back to it of a claim against the New Jersey Attorney General (“NJAG”) that it has severed from a larger … More April 1, 2022, opinions