Tag: habeas corpus

Take the Fifth: Dec. 4, 2020 opinions

December 8, 2020

Designated for publication Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions

Take the Fifth: Dec. 1, 2020 opinions

December 2, 2020

Designated for publication Thomas v. Lumpkin, 17-20661, appeal from S.D. Tex. Jones, J., order denying en banc rehearing, joined by Owen, Jones, Smith, Southwick, Haynes, Costa, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.; Graves, J., dissenting from denial of rehearing, joines by Elrod, J. (Stewart, Dennis, Elrod, Graves, Higginson, Willett, voting to rehear); habeas corpus, ineffective … More Take the Fifth: Dec. 1, 2020 opinions

Take the Fifth: Nov. 30, 2020 opinions

December 1, 2020

Designated for publication McRaney v. The North American Mission Board of the Southern Baptist Convention, Inc., 19-60293, appeal from N.D. Miss. Denying en banc rehearing (Higginson, J., entering order for the panel, joined by Owen, Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Engelhardt, JJ.); Ho, J., dissenting from denial of rehearing, joined by Jones, Smith, … More Take the Fifth: Nov. 30, 2020 opinions

Take the Fifth: Nov. 24, 2020 opinions

November 25, 2020

Designated for publication Smith v. Wal-Mart Stores, Inc., 19-20818, appeal from S.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), defamation Affirming summary judgment in favor of Wal-Mart on plaintiff’s defamation claim for being misidentified as a shoplifter by a Wal-Mart employee. Court held that, under standard necessary to overcome the qualified privilege under Texas law that … More Take the Fifth: Nov. 24, 2020 opinions

Take the Fifth: Nov. 13, 2020 opinions

November 16, 2020

Designated for publication U.S. v. Batiste, 19-30927, appeal from E.D. La. Engelhardt, J., (Graves, Costa, Engelhardt), criminal, sentencing, First Step Act Affirming in part sentence of imprisonment and denial of sentence-reduction under the First Step Act, but remanding in part the portion of the sentence regarding the term of supervised release for the district court … More Take the Fifth: Nov. 13, 2020 opinions

Take the Fifth: Nov. 12, 2020 opinions

November 13, 2020

Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), intervention, election law Denying motion to intervene on appeal, by plaintiff in similar but separate case. This motion arises from two lawsuits challenging Texas’s signature-verification scheme for absentee ballots. Noting that, “[p]erhaps because there is no rule explicitly allowing … More Take the Fifth: Nov. 12, 2020 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

November 9, 2020

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 30, 2020 opinions

October 31, 2020

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Graves, Haynes, Higginson, Costa, Willett, Ho, Engelhardt, Wilson); abortion law After the October 13 release of the panel opinion affirming the district court’s injunction of enforcement of Texas Senate Bill 8 (requiring that “a … More Take the Fifth: Oct. 30, 2020 opinions

Take the Fifth: Oct. 27, 2020 opinions

October 28, 2020

Designated for publication U.S. v. Ramirez, 19-20098, appeal from S.D. Tex. Oldham, J. (Smith, Clement, Oldham), criminal, sentencing Affirming the district court’s sentencing of defendant to 300 months’ imprisonment for health care fraud. Court held that there was no error in district court’s reliance on presentencing report to impose a 26-point adjustment to defendant’s sentencing … More Take the Fifth: Oct. 27, 2020 opinions

Take the Fifth: Oct. 23, 2020 opinions

October 26, 2020

Designated for publication In the Matter of: Ward, 18-10469, appeal from N.D. Tex. Owen, C.J. (Owen, Clement, Ho), bankruptcy, timeliness Affirming district court’s judgment that the bankruptcy court did not err in finding creditors’ complaint seeking denial of debtor’s discharge was timely and in entering an order denying discharge under 11 U.S.C. § 727(a)(4)(A) and … More Take the Fifth: Oct. 23, 2020 opinions