Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Badgerow v. Walters, 19-30766, appeal from E.D. La. per curiam (Jolly, Graves, Duncan), arbitration On remand from U.S. Supreme Court, reversing district court’s … More May 11, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication U.S. v. Tucker, 21-30194, appeal from M.D. La. Willett, J. (Willett, Engelhardt, Wilson), criminal Reversing conviction of three counts of making false statements … More May 9, 2022, opinions
Unpublished U.S. v. Reedy, 21-10895, appeal from N.D. Tex. per curiam (King, Costa, Ho), criminal, compassionate release Affirming denial of motion for compassionate release. U.S. v. Lopez, 21-40437, appeal from S.D. Tex. per curiam (King, Costa, Ho), criminal, sentencing Affirming 120-month sentence on conviction of conspiracy to possess with intent to distribute five kilograms and … More May 6, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Guerrero v. Occidental Petroleum Corp., 20-20633, appeal from S.D. Tex. Duncan, J. (Higginbotham, Willett, Duncan), employment Affirming district court’s dismissal of claims of … More May 5, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Johnson v. TheHuffingtonPost.com, Inc., 21-20022, appeal from S.D. Tex. per curiam (King, Smith, Haynes), Elrod, J., dissenting from denial of rehearing (joined by … More May 4, 2022, opinions
Designated for publication U.S. v. Mejia-Banegas, 21-50459, appeal from W.D. Tex. per curiam (King, Jones, Duncan), King, J., concurring; criminal, supervised release Affirming special condition of supervised release terms that allowed probation officer to require the defendant to notify a person he may pose a risk to and to inform them about that risk. On … More April 25-26, 2022, opinions
Designated for publication U.S. v. Hanner, 20-30420, appeal from W.D. La. Higginson, J. (Southwick, Haynes, Higginson), habeas corpus Vacating in part and affirming in part district court’s ruling on successive sec. 2255 petition, on basis that petitioner had raised a grounds for challenging his sentence that had not been authorized by the Fifth Circuit’s grant … More April 22, 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
Unpublished Hardison v. Skinner, 20-30643, appeal from W.D. La. per curiam (Dennis, Southwick, Wilson), Dennis, J., specially concurring; employment discrimination, Title VII Affirming summary judgment dismissing plaintiff’s employment discrimination, defamation, and Louisiana state law claims against the Natchitoches Parish School Board and Dale Skinner, the school board’s superintendent, brought after she voluntarily retired six months … More April 18, 2022, opinions
Designated for publication Foster v. Warden, 20-10841, appeal from N.D. Tex. Southwick, J. (Dennis, Southwick, Wilson), mootness Vacating dismissal on mootness grounds of former military prisoner’s suit regarding the constitutionality of term of supervised release he had been found to have violated, and remanding to district court for determination of whether post-imprisonment effect on eligibility … More April 13-14, 2022, opinions
Take the Fifth 