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Unpublished Hardison v. Skinner, 20-30643, appeal from W.D. La.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
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 Seguin v. Remington Arms Co., 17-30499, appeal from E.D. La. Southwick, J. (Owen, Dennis, Southwick), Dennis, J., dissenting; product liability After Louisiana Supreme Court declined certified question on the issue, reversing summary judgment in favor of plaintiff in design-defect claim under the Louisiana Product Liability Act (“LPLA”) against firearm manufacturer after accidental … More April 6-7, 2022, opinions
Designated for publication Pulse Network, L.L.C. v. Visa, Inc., 18-20669, appeal from S.D. Tex. Duncan, J. (Smith, Willett, Duncan), antitrust, Sherman Act, recusal Reversing in part dismissal of plaintiff’s Sherman Act claims for lack of antitrust standing, remanding for further proceedings, and directing reassignment to a different judge. Pulse, a debit-network provider, brought suit against … More April 5, 2022, opinions
Designated for publication Penn-America Insurance Co. v. Tarango Trucking, L.L.C., 21-10749, appeal from N.D. Tex. Davis, J. (Davis, Willett, Oldham), insurance Reversing in part and vacating in part judgment that insurer did not owe defense or indemnity regarding fatal accident on insured’s property, finding that an exception to a policy automobile exclusion applied. An independent … More April 4, 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
(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions
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