Designated for publication U.S. v. Meals, 20-40752, appeal from S.D. Tex. Jones, J. (Owen, Jones, Wilson), criminal, search and seizure Affirming conviction for production and possession of child pornography, on finding that Facebook did not act as a government agent when it sent a tip about the defendant’s Messenger exchange with a 15-year-old to the … More December 30, 2021, opinions
Designated for publication U.S. v. Greer, 19-11348, appeal from N.D. Tex. Stewart, J. (Higginbotham, Stewart, Wilson), criminal, sentencing, Armed Career Criminal Act On remand from U.S. Supreme Court, vacating sentence under the ACCA to 120 months on guilty-plea conviction of being a convicted felon in possession of a firearm, and remanding for resentencing. In Borden … More December 20-29, 2021, opinions
Designated for publication Timpa v. Dillard, 20-10876, appeal from N.D. Tex. Clement, J. (Clement, Southwick, Willett), qualified immunity Reversing summary judgment on qualified immunity as to plaintiffs’ claims of excessive force, and affirming in part and reversing in part the qualified immunity summary judgment on claims of bystander liability, arising from Dallas Police Department’s killing … More December 15, 2021, opinions
Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions
Designated for publication Gross v. Keen Group Solutions, L.L.C., 20-20594, appeal from S.D. Tex. Jones, J. (Jones, Smith, Haynes), Haynes, J., dissenting; appellate jurisdiction Dismissing appeal of district court’s denial of defendant’s Rule 60(b)(5) motion in dispute over whether arbitration award had been fully satisfied. The Court found that “[t]he district court here still has … More December 2-3, 2021, opinions
Designated for publication Angel Brothers Enterprises, Ltd. v. Walsh, 20-60849, petition for review of OSH Review Commission Decision Costa, J. (Jones, Costa, Duncan), Jones, J., dissenting; administrative law, occupational safety Denying petition for review of decision by the Occupational Safety and Health Review Commission, which imputed supervisor’s knowledge of safety rule violation (doing excavation work … More December 1, 2021, opinions
Designated for publication Williams v. Homeland Insurance Co. of New York, 20-30196, appeal from W.D. La. Haynes, J. (Jones, Haynes, Ho), Ho, J., concurring; Jones, J., dissenting; jurisdiction Reversing district court’s determination that it had diversity jurisdiction because a non-diverse defendant had been mis-joined, vacating the district court’s merits ruling dismissing the plaintiffs’ claims, and … More November 30, 2021, opinions
Designated for publication Coleman v. BP Exploration & Production, Inc., 20-40811, appeal from S.D. Tex. Willett, J. (Higginbotham, Willett, Duncan), negligence, independent contractor Affirming summary judgment dismissal of claims against project management company (BP) and against day-to-day management company (Grand Isle Shipping), on claims of employee of scaffolding subcontractor arising from plaintiff’s back injury received … More November 22-29, 2021, opinions
Designated for publication BVS Construction, Inc. v. Prosperity Bank, 21-50274, appeal from W.D. Tex. Clement, J. (Clement, Southwick, Willett), bankruptcy, res judicata Affirming district court’s and bankruptcy court’s overruling of debtor’s claim objection to secured creditor’s proof of claim, on basis that “res judicata, judicial estoppel, and judicial admission barred [debtor’s] claim objection on the … More November 15, 2021, opinions
Designated for publication U.S. v. Barlow, 18-30994, appeal from M.D. La. Southwick, J. (Clement, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Armed Career Criminal Act Affirming district court’s denial of petitioner’s § 2255 petition for post-conviction relief based on ineffective assistance of counsel and the application of the Armed Career Criminal Act. Petitioner pled … More November 8, 2021, opinions
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