Designated for publication Franco v. Mabe Trucking Co., 19-30316, appeal from W.D. La. Dennis, J. (King, Jones, Dennis), Jones, J., dissenting; timeliness, venue Reversing district court’s dismissal of suit as untimely after venue was transferred under 28 U.S.C. § 1406(a) from Eastern District of Texas to Western District of Louisiana, and remanding for further proceedings. … More July 8, 2021 opinions
Designated for publication Health Choice Alliance, L.L.C. v. Eli Lilly & Co., 19-40906, appeal from E.D. Tex. Elrod, J., (Higginbotham, Elrod, Haynes), Higginbotham, J., concurring; False Claims Act, qui tam Affirming dismissal of Health Choice entities’ qui tam actions under the False Claims Act, on the United States’ motion to dismiss the actions. The Health … More July 7, 2021 opinions
Designated for publication Cope v. Cogdill, 19-10798, appeal from N.D. Tex. Haynes, J. (Stewart, Dennis, Haynes), Dennis, J., dissenting; qualified immunity Reversing district court’s denial of qualified immunity for officers sued after the jailhouse suicide death of Derrek Monroe, and rendering judgment in favor of officers. Monroe was a pretrial detainee in the Coleman County … More July 2, 2021 opinions
Designated for publication Adeeko v. Garland, 19-60703, petition for review of BIA order Wilson, J. (Clement, Haynes, Wilson), Haynes, J., concurring; immigration Denying petition for review of BIA order affirming IJ’s order of removal of Nigerian citizen after the Department of Homeland Security charged him as being removable upon his conviction of online solicitation of … More July 1, 2021 opinions
Designated for publication U.S. v. Parker, 19-60077, appeal from S.D. Miss. Davis, J. (Davis, Duncan, Oldham), habeas corpus, Armed Career Criminal Act Affirming denial of § 2255 petition for relief from his mandatory life sentence on armed robbery conviction on basis that prior convictions were classified as “serious violent felonies” only pursuant to the ACCA’s … More June 30, 2021 opinions
Designated for publication U.S. v. Tinney, 20-10849, appeal from N.D. Tex. per curiam (Davis, Duncan, Oldham), criminal, sentencing Affirming 18-month revocation sentence, plus an additional five years of supervised release, for recidivist sexual offender. The Court held that the district court did not commit plain error in mistakenly conflating criminal history score with criminal history … More June 29, 2021 opinions
Designated for publication Colvin v. LeBlanc, 19-30888, appeal from E.D. La. Wiener, J. (Wiener, Elrod, Higginson), § 1983 Affirming dismissal of prisoner’s § 1983 claim challenging the alleged thirty-year extension of his state sentence; but reversing the dismissal of his § 1983 claim challenging his extradition from Pennsylvania to Louisiana; and remanding for further proceedings. … More June 23, 2021 opinions
Designated for publication SED Holdings, LLC v. St. John, 19-20841, appeal from S.D. Tex. Duncan, J. (Haynes, Duncan, Engelhardt), fraud, breach of contract, res judicata, judicial estoppel Affirming judgment of fraud, but finding damages excessive and remanding for remittitur, and vacating judgment of breach of contract, and remanding for further proceedings. This case arose from … More June 17, 2021 opinions
Designated for publication Seals v. Vannoy, 19-30447, appeal from E.D. La. Barker, J. (by desig.) (Smith, Ho, Barker), habeas corpus, Batson challenge Affirming denial of habeas relief on Batson challenge basis. The Court held that the state appellate court had not unreasonably applied clearly established federal law in reviewing petitioner’s Batson challenge when it considered … More June 15, 2021 opinions
Designated for publication Butler v. Porter, 19-30029, appeal from W.D. La. Haynes, J. (Owen, Dennis, Haynes), Bivens claim Affirming in part, affirming the district court’s dismissal of Bivens claim for First Amendment retaliation claims and for due process claims, and affirming the district court’s denial of motions to file surreply briefs and to file amended … More Take the Fifth: June 2-3, 2021 opinions
Take the Fifth 