Unpublished Herndon v. U.S., 20-10688, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), Federal Tort Claims Act Affirming summary judgment dismissal of former prisoner’s medical malpractice claim under the FTCA. Guzman v. U.S. Department of Homeland Security, 20-11123, appeal from N.D. Tex. per curiam (Davis, Jones, Elrod), habeas corpus Affirming dismissal of former immigration … More February 17, 2022, opinions
Designated for publication Craig v. Martin, 19-10013, appeal from N.D. Tex. Owen, C.J. (Owen, Barksdale, Duncan), qualified immunity Reversing denial of qualified immunity summary judgment on excessive force claims and rendering judgment in favor of police officer defendant. The Court held that the video evidence showed that it was not objectively unreasonable for the officer … More February 15, 2022, opinions
Designated for publication McFarland v. Lumpkin, 19-70011, appeal from S.D. Tex. per curiam (Higginbotham, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Brady claim, Sixth Amendment Affirming denial of habeas relief, after having granted COA on denial of claims of ineffective assistance of counsel, Brady violation, and Sixth Amendment violation. Reminiscent of the original panel … More February 14, 2022, opinions
Designated for publication Earnest v. Sanofi U.S. Services, Inc., 20-30184, appeal from E.D. La. Wilson, J. (Ho, Oldham, Wilson), products liability, expert witness Reversing district court’s judgment in favor of manufacturer of chemotherapy drug in products liability case arising from allegations of permanent hair loss, on basis that the district court erroneously allowed defendant to … More February 10, 2022, opinions
Designated for publication U.S. v. Bates, 19-10813, appeal from N.D. Tex. per curiam (King, Graves, Willett), criminal, sentencing, Armed Career Criminals Act On remand from the U.S. Supreme Court, vacating and remanding for resentencing. The Court held that, under Borden v. United States, 141 S. Ct. 1817 (2021), the Texas crime of assault of a … More February 4-7, 2022, opinions
Designated for publication Landmark American Insurance Co. v. SCD Memorial Place II, L.L.C., 20-20389, appeal from S.D. Tex. Elrod, J. (Elrod, Willett, Engelhardt), insurance Reversing summary judgment in favor of insured on action regarding coverage of flood-related damage sustained during Hurricane Harvey, and rendering judgment in favor of insurer. The policy at issue here is … More February 3, 2022, opinions
Designated for publication Gabriel Investment Group, Inc. v. Texas Alcoholic Beverage Commission, 21-50322, appeal from W.D. Tex. Willett, J. (King, Costa, Willett), alcohol regulation Certifying to the Texas Supreme Court question regarding whether an exempt publicly-traded corporation owning a package store permit may retain that permit when it is sold to a non-exempt publicly-traded corporation … More January 28, 2022, opinions
Designated for publication U.S. v. Garrett, 17-10516, appeal from N.D. Tex. Jolly, J. (Jolly, Jones, Southwick), criminal, sentencing, Armed Career Criminal Act On remand from the U.S. Supreme Court, reinstating prior judgment reversing imposition of a lesser sentence not enhanced under the ACCA and remanding for resentencing. The panel had previously held that a prior … More January 24-25, 2022, opinions
Designated for publication Pennywell v. Hooper, 20-30045, appeal from W.D. La. Jolly, J. (Jolly, Higginson, Engelhardt), habeas corpus Reversing the district court’s dismissal of the petitioner’s petition for federal habeas relief, based on a holding of equitable tolling, and remanding for further proceedings. “Pennywell delivered his petition for direct review of his state conviction—which resulted … More January 21, 2022, opinions
Designated for publication Williams v. Boeing Co., 18-31158, appeal from E.D. La. Southwick, J. (Southwick, Graves, Engelhardt), personal tort, multi-district litigation Reversing in part final judgment entered in mesothelioma case by district court in Louisiana after summary judgment by MDL court in Pennsylvania, and remanded for further proceedings. The Court held that the MDL district … More January 11-14, 2022, opinions
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