Designated for publication Houston v. Texas Department of Agriculture, 20-20591, appeal from S.D. Tex. Higginson, J. (King, Higginson, Wilson), retaliation, Family and Medical Leave Act, Rehabilitation Act Affirming summary judgment dismissal of plaintiff’s claims of retaliation for exercising rights under the Family and Medical Leave Act and for discrimination under the Rehabilitation Act. The Court … More November 5-6, 2021, opinions
Designated for publication Kapordelis v. Myers, 19-30968, appeal from W.D. La. Wilson, J. (King, Higginson, Wilson), habeas corpus Affirming denial of § 2241 petition filed by federal inmate as to his disciplinary conviction and deprivation of 27 days of good-conduct time upon being found to have violated Bureau of Prisons Disciplinary Code 218 for destruction … More November 2, 2021, opinions
Designated for publication U.S. v. Sincleair, 20-10495, appeal from N.D. Tex. Davis, J. (Davis, Haynes, Oldham), Oldham, J., dissenting; criminal, sentencing Vacating sentence reached upon application of two-point enhancement for possession of dangerous weapon, and remanding for resentencing. The Court held, “[I]t is not clear whether the district court determined that Sincleair personally possessed the … More October 27-29, 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
Unpublished Bruno v. Ford, 21-20204, appeal from S.D. Tex.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
Unpublished U.S. v. El Hage, 20-10409, appeal from N.D. Tex.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
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
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
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
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
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