Designated for publication Midwestern Cattle Marketing, LLC v. Legend Bank, N.A., 20-10663, appeal from N.D. Tex. Barker, J., by desig. (Smith, Ho, Barker), decretal language, summary judgment Affirming the summary judgment entered by the district court on remand from prior appeal in matter. The Court rejected plaintiff’s argument that an unjust enrichment claim was still … More June 8-9, 2021 opinions
Unpublished Brown v. Orleans Parish Sheriff Office, 19-30922, appeal from E.D. La. per curiam (Jones, Costa, Wilson), prisoner suit Dismissing as frivolous appeal from district court’s dismissal of suit alleging that he is illegally confined. U.S. v. O’Donnell, 20-10238, appeal from N.D. Tex. per curiam (Smith, Stewart, Higginson), criminal Granting Anders motion to withdraw, and … More Take the Fifth: June 7, 2021 opinions
Unpublished Cortez-Ramirez v. Garland, 19-60553, petition for review of BIA order per curiam (Owen, Jolly, Dennis), immigration Denying El Salvadoran citizen’s petition for review of BIA order upholding denial of application for asylum, a petition for withholding of removal, and an application for protection under the United Nations Convention Against Torture. U.S. v. Echarte-Rivero, 20-10549, … More Take the Fifth: June 4, 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
Designated for publication Davis v. Sumlin, 20-30010, appeal from W.D. La. Oldham, J. (Higginbotham, Smith, Oldham), habeas corpus, jurisdiction Vacating district court’s denial of petitioner’s successive habeas petition on the merits, for lack of jurisdiction due to the failure to get authorization from three-judge panel before filing successive petition; and denying COA on merits of … More Take the Fifth: June 1, 2021 opinions
Designated for publication International Energy Ventures Management, LLC v. United Energy Group, Ltd., 20-20221, appeal from S.D. Tex. Oldham, J. (Haynes, Higginson, Oldham), arbitration Reversing district court’s judgment compelling arbitration on a finding that the defendant had not been prejudiced by the plaintiff’s (which was the party moving to compel arbitration) litigation conduct during the … More Take the Fifth: May 28, 2021 opinions
Designated for publication Canfield v. Lumpkin, 18-10431, appeal from N.D. Tex. Owen, C.J. (Owen, Higginbotham, Willett), Higginbotham, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming the district court’s denial of petitioner’s habeas claims based on ineffective assistance of counsel for failure to investigate and challenge a juror who displayed partiality during voir dire. The … More Take the Fifth: May 21 and 24, 2021 opinions
Designated for publication Maniar v. Garland, 18-60667, petition for review of BIA order Ho, J. (Barksdale, Elrod, Ho), immigration Denying in part and dismissing in part petition to review BIA order upholding IJ’s removal order on the basis that the petitioner had committed an aggravated felony. The Court held that the petitioner’s conviction of conspiracy … More Take the Fifth: May 20, 2021 opinions
Designated for publication Lillie v. Office of Financial Institutions State of Louisiana, 19-30705, appeal from M.D. La. Smith, J. (Smith, Graves, Ho), securities law Affirming denial of continuance for further discovery and grant of summary judgment to defendants (“SEI”) that were associated with Stanford International Bank, Ltd. in Robert Stanford’s Ponzi scheme, based on conclusion … More Take the Fifth: May 14-17, 2021 opinions
Unpublished Mills v. Adams County, Mississippi, 19-60829, appeal from S.D. Miss. per curiam (Wiener, Southwick, Duncan), prisoner suit Dismissing appeal for lack of jurisdiction due to untimely filed notice of appeal. U.S. v. Fernandez, 20-10479, appeal from N.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. … More Take the Fifth: May 13, 2021 opinions
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