October 13-14, 2021 opinions

Designated for publication Hawkins v. U.S. Department of Housing and Urban Development, 20-20281, appeal from S.D. Tex. Wiener, J. (Wiener, Dennis, Duncan), Duncan, J., dissenting; Administrative Procedure Act, Fair Housing Act Reversing district court’s dismissal of plaintiffs’ APA and FHA claims against HUD, holding that HUD is bound by its prior self-imposed obligation to provide … More October 13-14, 2021 opinions

October 11, 2021 opinions

Unpublished Bruno v. Ford, 21-20204, appeal from S.D. Tex. per curiam (Davis, Jones, Elrod), Fair Labor Standards Act Vacating district court’s summary judgment dismissing plaintiff’s FLSA claims, and remanding for further proceedings. U.S. v. Pontefract, 21-30032, appeal from W.D. La. per curiam (Smith, Higginson, Willett), habeas corpus Denying certificate of appealability, and affirming district court’s … More October 11, 2021 opinions

October 7, 2021 opinions

Unpublished U.S. v. El Hage, 20-10409, appeal from N.D. Tex. per curiam (Elrod, Oldham, Wilson), habeas corpus Denying COA from denial of § 2255 petition challenging petitioner’s conviction of conspiring to distribute a controlled substance. Thomas v. Grundfos, CBS, 20-20505, appeal from S.D. Tex. per curiam (Davis, Elrod, Oldham), employment discrimination Affirming summary judgment dismissal … More October 7, 2021 opinions

October 6, 2021 opinions

Designated for publication U.S. v. Gardner, 20-50481, appeal from W.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), criminal, guilty plea Vacating conviction for possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, and remanding for district court to hold an evidentiary hearing on defendant’s motion to withdraw his guilty plea. … More October 6, 2021 opinions

September 30, 2021 opinions

Designated for publication Adams v. All Coast, L.L.C., 19-30907, appeal from W.D. La. per curiam (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Denying petition for en banc rehearing (Judges Jones and Elrod voting for rehearing; Chief Judge Owen and Judges Smith, Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, … More September 30, 2021 opinions

September 29, 2021 opinions

Designated for publication Johnson v. BOKF National Association, 18-11375, appeal from N.D. Tex. Dennis, J. (Higginbotham, Dennis, Ho), Ho, J., concurring in judgment only; banking law Affirming district court’s dismissal of putative class action against bank alleging that extended overdraft charges were usurious interest under the National Bank Act, for failure to state a claim. … More September 29, 2021 opinions

September 21, 2021 opinions

Designated for publication Kokesh v. Curlee, 20-30356, appeal from E.D. La. Engelhardt, J. (Elrod, Willett, Engelhardt), Willett, J., dissenting; qualified immunity Reversing district court’s denial of qualified immunity-based summary judgment on claim of illegal seizure of plaintiff by defendant State Trooper. Plaintiff had been a passenger in a truck stopped on the shoulder on the … More September 21, 2021 opinions

September 20, 2021 opinions

Unpublished Martin Resource Management Corp. v. Federal Insurance Co., 20-40571, appeal from E.D. Tex. per curiam (Jones, Southwick, Engelhardt), insurance Affirming dismissal of insured’s claims with prejudice, finding that “the insured did not meet its burden of establishing coverage under the terms of the policy.” U.S. v. Oneal, 20-50494, appeal from W.D. Tex. per curiam … More September 20, 2021 opinions

September 7-9, 2021 opinions

Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, severance, Batson challenge, sufficiency of evidence, sentencing, First Step Act Granting government’s petition for panel rehearing of May 18, 2021 opinion; withdrawing previous panel opinion and substituting new one; denying defendants’ petition for panel rehearing and for rehearing … More September 7-9, 2021 opinions

September 1-6, 2021 opinions

Designated for publication Rutila v. U.S. DOTD, 20-10730, appeal from N.D. Tex. Smith, J. (Owen, Smith, Graves), Freedom of Information Act Reversing district court’s jurisdictional dismissal of pro se FOIA suit against the FAA and DOTD, and remanding for further proceedings. “The district court reasoned that, because Rutila ‘broadly challenged Defendants’ adequacy of search without … More September 1-6, 2021 opinions