Designated for publication HTC Corp. v. Telefonaktiebolaget LM Ericsson, 19-40566 c/w 19-40643, appeal from E.D. Tex. Elrod, J. (Jones, Elrod, Higginson), Higginson, J., concurring; breach of contract [Take the Fifth is dealing with Hurricane Ida response issues right now, so will lean heavily on the judges’ introductory paragraphs to get you the gist of these … More August 31, 2021 opinions
Unpublished Bowling v. Willis, 19-40914, appeal from E.D. Tex. per curiam (Jones, Barksdale, Stewart), vexatious litigant Dismissing appeal in part, and affirming in part, district court’s declaration of plaintiff as a vexatious litigant and issuance of a pre-filing injunction requiring court approval prior to any filings. U.S. v. Herrera, 20-10720, appeal from N.D. Tex. per … More July 22, 2021 opinions
Unpublished U.S. v. Clark, 20-10094, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), criminal, First Step Act Vacating district court’s denial of a motion for sentence reduction under the First Step Act, and remanding for further proceedings in light of United States v. Shkambi, 993 F.3d 388, 393 (5th Cir. 2021). U.S. v. Castillo, … More July 20, 2021 opinions
Designated for publication Singh v. Garland, 19-60937, petition for review of BIA order Higginbotham, J. (Higginbotham, Southwick, Willett), immigration Granting stay pending review of petition for review of BIA order dismissing Indian citizen’s appeal of IJ decision denying his application for asylum and protection under the Convention Against Torture and finding petitioner not credible. Petitioner’s … More July 12, 2021 opinions
Designated for publication Adeeko v. Garland, 19-60703, petition for review of BIA order Wilson, J. (Clement, Haynes, Wilson), Haynes, J., concurring; immigration Denying petition for review of BIA order affirming IJ’s order of removal of Nigerian citizen after the Department of Homeland Security charged him as being removable upon his conviction of online solicitation of … More July 1, 2021 opinions
Designated for publication U.S. v. Norbert, 20-60106, appeal from S.D. Miss. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), en banc, criminal, search and seizure Vacating March 16 panel opinion (Davis, J., joined by Stewart, J.; Oldham, J., dissenting), which had affirmed the district … More June 28, 2021 opinions
Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions
Designated for publication Retana v. Twitter, Inc., 19-11389, appeal from N.D. Tex. Wiener, J. (Wiener, Costa, Willett), Anti-Terrorism Act Affirming 12(b)(6) dismissal of claims against Twitter, Google, and Facebook under the Anti-Terrorism Act under a theory of liability for aiding and abetting terrorism as a social media platform on which a third party, Hamas, radicalized … More June 16, 2021 opinions
Designated for publication Bulkley & Associates, LLC v. Department of Industrial Relations, 20-40020, appeal from E.D. Tex. Willett, J. (Dennis, Higginson, Willett), personal jurisdiction Affirming dismissal of company’s lawsuit against California agency, challenging California agency’s authority to enforce California regulations in Texas, on ground of lack of personal jurisdiction over California agency. California’s Department of … More June 10, 2021 opinions
Unpublished Mills v. Adams County, Mississippi, 19-60829, appeal from S.D. Miss. per curiam (Wiener, Southwick, Duncan), prisoner suit Dismissing appeal for lack of jurisdiction due to untimely filed notice of appeal. U.S. v. Fernandez, 20-10479, appeal from N.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. … More Take the Fifth: May 13, 2021 opinions
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