Designated for publication Hernandez v. Garland, 19-60274, petition for review of BIA order Jones, J. (Jones, Costa, Duncan), Costa, J., dissenting; immigration Denying Salvadoran citizen’s petition for review of BIA order denying motion to reconsider prior order of removal or alternatively to reopen proceedings. BIA deemed the motion as a motion to reconsider, concluded that … More August 13, 2021 opinions
Designated for publication Schweizer v. Canon, Inc., 20-20071, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), False Claims Act, qui tam Affirming summary judgment dismissal of plaintiff’s qui tam action under the False Claims Act alleging that Canon overcharged the U.S. for office equipment and provided non-compliant office products, holding that the claims were … More August 12, 2021 opinions
Designated for publication Hale v. Harrison County Board of Supervisors, 17-60246, appeal from S.D. Miss. per curiam (Davis, Haynes, Oldham), prisoner suit Dismissing appeal of summary judgment dismissal of prisoner’s seventh of at least twelve federal lawsuits and imposition of third strike under the Prison Litigation Reform Act, and barring plaintiff from filing “additional abusive … More Aug. 9, 2021 opinions
Designated for publication Johnson v. PRIDE Industries, Inc., 19-50173, appeal from W.D. Tex. Dennis, J. (Dennis, Elrod, Costa), employment discrimination Affirming in part, reversing in part, and remanding summary judgment dismissal of plaintiff’s § 1981 employment discrimination and retaliation claims against former employer. The Court held that the plaintiff raised a genuine issue of material … More August 6, 2021 opinions
Designated for publication Parish of Plaquemines v. Chevron USA, Inc., 19-30492, appeal from E.D. La.; c/w Parish of Cameron v. BP America Production Co., 19-30829, appeal from W.D. La. Ho, J. (Ho, Engelhardt, Oldham), removal Granting panel rehearing, withdrawing original panel opinion, denying en banc rehearing; affirming in part, reversing in part, and remanding for … More August 5, 2021 opinions
Designated for publication Quadvest, L.P. v. San Jacinto River Authority, 20-20447, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), antitrust law Affirming denial of state-action immunity on behalf of water authority, against which plaintiff investor-owned utilities had brought claims under Section 1 of the Sherman Act. Defendant water authority, the SJRA, is a political … More August 3, 2021 opinions
Designated for publication Sanchez Oil & Gas Corp. v. Crescent Drilling & Production, Inc., 20-20304, appeal from S. D. Tex. Jones, J. (Jones, Clement, Graves), Fair Labor Standards Act, indemnification Reversing summary judgment in favor of defendant on plaintiff’s claim for indemnification for FLSA liability to subcontractor, finding existence of material fact as to whether … More July 30, 2021 opinions
Designated for publication Vazquez-Guerra v. Garland, 18-60828, petition for review of BIA order Ho, J. (Smith, Graves, Ho), immigration Denying petition for review of Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order denying asylum and withholding of removal for her and her minor daughter based on an expressed fear that … More July 29, 2021 opinions
Designated for publication U.S. v. Jackson, 19-10627, appeal from N.D. Tex. per curiam (Wiener, Elrod, Higginson), criminal, crime of violence Vacating conviction of using a facility in aid of a racketeering enterprise with intent to commit a “crime of violence”; holding that predicate offense of sex trafficking of children is not a “crime of violence,” … More July 27-28, 2021 opinions
Designated for publication Texas v. U.S., 19-10011, appeal from N.D. Tex. per curiam (King, Elrod, Engelhardt), Affordable Care Act On remand from the U.S. Supreme Court, which had vacated the Fifth Circuit panel’s opinion upholding states’ challenge to the ACA, Court entered order vacating district court’s opinion and remanding to district court to dismiss suit. … More July 23, 2021 opinions
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