Designated for publication Playa Vista Conroe, a Condominium Association v. Insurance Co. of the West, 20-20307, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), insurance Affirming summary judgment holding insurer liable for coverage of Hurricane Harvey damage to boat slips suffered by condo association when the Lake Conroe Dam was opened by the San … More Take the Fifth: March 5, 2021 opinions
Designated for publication U.S. v. Clark, 19-10186, appeal from N.D. Tex. Costa, J. (Higginbotham, Costa, Oldham), criminal, garnishment Affirming district court’s garnishment order on defendant’s brokerage account and IRA account funds, as not being “income” necessary to comply with child support orders. After examining the distinction between “income” and “assets,” the Court held that “the … More Take the Fifth: March 4, 2021 opinions
Designated for publication U.S. v. Johnson, 19-30921, appeal from W.D. La. Dennis, J. (Dennis, Higginson, Willett), criminal, sufficiency of evidence, due process, sentencing Affirming convictions of co-defendants for the armed robbery of two banks and one credit union and with related firearms offenses and sentences of 498 months for one defendant and 339 months for … More Take the Fifth: March 3, 2021 opinions
Unpublished Lopez De Villeda v. Wilkinson, 19-60513, petition for review of BIA order per curiam (Davis, Southwick, Costa), immigration Affirming BIA’s final order of removal, on El Salvadoran citizens’ petition for review. U.S. v. Douglas, 20-10175, appeal from N.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming within-guidelines sentence of 108 months on guilty … More Take the Fifth: March 2, 2021 opinions
Designated for publication Wickfire, LLC v. Woodruff, 17-50340, appeal from W.D. Tex. Owen, C.J. (Owen, Dennis, Southwick), sufficiency of evidence, jurisdiction, Lanham Act, tortious interference, civil conspiracy Affirming in part and reversing in part district court judgment based on jury verdict on cross-claims between two internet advertising ventures arising from auctions for Google ad placement … More Take the Fifth: Feb. 26, 2021 opinions
Designated for publication U.S. v. Kim, 18-51024, appeal from W.D. Tex. Dennis, J. (Dennis, Southwick, Ho), criminal, sentencing, restitution Vacating restitution order and remanding for redetermination, but dismissing appeal regarding application of sentencing enhancement as barred by the guilty-plea appeal waiver. Defendant pled guilty to one count of criminal copyright infringement; the district court sentenced … More Take the Fifth: Feb. 19, 2021 opinions
Unpublished U.S. v. Wright, 20-10052, appeal from N.D. Tex. per curiam (King, Smith, Wilson), criminal, crime of violence, Fifth Amendment, sentencing Affirming convictions of one defendant for three counts of interference with commerce by robbery and aiding and abetting, two counts of using, carrying, and brandishing a firearm during and in relation to a crime … More Take the Fifth: Feb. 18, 2021 opinions
Designated for publication Echeverry v. Jazz Casino Co., 20-30038, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Wilson), negligence, damages, sufficiency of evidence On petition for rehearing, withdrawing January 11 panel opinion and replacing with new opinion with same outcome: Affirming district court’s denial of defendant’s motion for judgment as a matter of law and … More Take the Fifth: Feb. 17, 2021 opinions
Unpublished U.S. v. Stewart, 19-11249, appeal from N.D. Tex. per curiam (Haynes, Higginson, Oldham), criminal, venue Affirming that N.D. Tex. was an appropriate venue for trying count of failure to register as a sex offender under SORNA. Garcia-Perez v. Wilkinson, 19-60718, petition for review of BIA order per curiam (Wiener, Southwick, Duncan), immigration Denying Guatemalan … More Take the Fifth: Feb. 15, 2021 opinions
Designated for publication DM Arbor Court, Ltd. v. City of Houston, 20-20194, appeal from S.D. Tex. Costa, J. (Davis, Southwick, Costa), ripeness Vacating district court’s dismissal of suit on ripeness grounds, and remanding for further proceedings. Plaintiff had brought suit challenging the refusal by the City to grant permits for repairs to apartments that had … More Take the Fifth: Feb. 11 and 12, 2021 opinion
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