Designated for publication Duncan, J. (Wiener, Graves, Duncan), bankruptcy Granting petition for panel rehearing from August 19, 2022, panel opinion; withdrawing that opinion and substituting a new opinion, but with the same operative effect: Affirming in large part confirmation order in investment firm’s bankruptcy; but reversing that portion of the liquidation plan that exculpated certain … More September 7, 2022, opinions
Designated for publication Engelhardt, J. (King, Duncan, Engelhardt), criminal, Sixth Amendment, speedy trial, COVID-19, sufficiency of evidence Affirming conviction of five counts from a 2011 indictment charging defendant and co-conspirators with “offenses arising from a well-orchestrated scheme to circumvent American export controls designed to prevent dual use commodities—goods with both civilian and military applications—from falling … More September 6, 2022, opinions
Designated for publication per curiam (King, Duncan, Engelhardt), immigration Granting Salvadoran citizens’ petition for review of BIA order denying their motion to reopen removal proceedings and apply for cancellation of removal, and remanding to BIA for further proceedings. The Court held that the failure of the government to provide the date and place of the … More September 2, 2022, opinions
Designated for publication Engelhardt, J. (King, Duncan, Engelhardt), criminal, sentencing Affirming application of enhancement for intentionally or recklessly creating a risk of death or serious bodily harm to another person to sentence defendant to 27 months on conviction of transporting illegal aliens for financial gain. Court had vacated prior sentence using that enhancement, on the … More September 1, 2022, opinions
(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Costa, J. (Davis, Costa, Oldham), Oldham, J., dissenting; Clean Air Act, standing Affirming Clean Air Act penalties, as well as standing of plaintiffs … More August 26-31, 2022, opinions
Designated for publication Garcia v. Orta, 21-50890, appeal from W.D. Tex. Southwick, J. (Smith, Wiener, Southwick), qualified immunity Reversing denial of summary judgment and rendering summary judgment in favor of arresting officers on qualified immunity grounds, dismissing plaintiff’s suit for detention without probable cause for DWI. Plaintiff had been held in pretrial detention, unable to … More August 25, 2022, opinions
Designated for publication Harness v. Watson, 19-60632, appeal from S.D. Miss. [ed.: Note that the following en banc decision was announced by the Court as “per curiam,” i.e., “for the court,” and at the beginning of that decision then listed all 17 active-status judges, intimating at the outset that the decision was for the entire … More August 24, 2022, opinions
Designated for publication U.S. v. Morton, 19-10842, appeal from N.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Higginson, J., concurring (joined in whole by Elrod, Willett, JJ., and in part by Ho, Wilson, JJ.); Graves, J., dissenting (joined by Dennis, J.); Jolly, J., not joining … More August 23, 2022, opinions
Designated for publication Hignell-Stark v. City of New Orleans, 21-30643, appeal from E.D. La. Smith, J. (Smith, Wiener, Southwick), § 1983, takings, Commerce Clause, First Amendment Affirming in part and vacating in part summary judgment dismissing two of three constitutional challenges by owners of short-term rentals (STRs) against the City of New Orleans in relation … More August 22, 2022, opinions
Designated for publication NexPoint Advisors, L.P. v. Highland Capital Management, L.P., 21-10449, appeal from N.D. Tex. Duncan, J. (Wiener, Graves, Duncan), bankruptcy Affirming in large part confirmation order in investment firm’s bankruptcy; but reversing that portion of the liquidation plan that exculpated certain non-debtors in violation of 11 U.S.C. § 524(e). The Court first held … More August 19, 2022, opinions
