Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions
Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions
Designated for publication Oldham, J. (joined by Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Elrod, J., concurring (joined by Ho, Engelhardt, JJ.); Ho, J., concurring; Stewart, J., dissenting (joined by Richman, Southwick, Haynes, Graves, Higginson, Douglas, JJ.); Higginson, J., dissenting (joined by Stewart, Southwick, Graves, Douglas, JJ.); nondelegation doctrine On en banc rehearing, … More July 24, 2024, opinions
Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions
Designated for publication Wilson, J. (Richman, Graves, Wilson); Graves, J., concurring; insurance Reversing district court’s judgment in favor of life insurance beneficiary, applying Texas law to provide that, even if the beneficiary was named before being married to the decedent, once a subsequent divorce decree is effective the beneficiary is stripped of their beneficiary status. … More June 28, 2024, opinions
Designated for publication Ramirez, J. (Elrod, Duncan, Ramirez); Elrod, J., dissenting; insurance Affirming dismissal of plaintiff’s claim for business-interruption coverage for losses arising from COVID-19. “BSW characterizes the Policy’s language as unique because it ‘covers “physical loss or damage” caused by communicable disease,’ which makes the coverage ‘broader than a typical policy.’ But as stated, … More June 27, 2024, opinions
Designated for publication Smith, J. (Smith, Graves, Wilson); Graves, J., dubitante; § 1983, amendment Affirming denial of untimely motion to amend, where § 1983 plaintiff failed to adequately explain the justification for his untimeliness. Judge Graves filed a dubitante opinion. “I agree that Banks failed to give an adequate excuse for his failure to diligently … More June 26, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Oldham), COVID-19, American Rescue Plan Act, Spending Clause Affirming permanent injunction against enforcement of provision in the American Rescue Plan Act, which allocated $200 billion to the states to assist in economic recovery from the COVID-19 pandemic, holding that provision that states must agree to not use funds … More June 25, 2024, opinions
Designated for publication Wilson, J. (Smith, Graves, Wilson), tax law, jury instructions Finding jury instructions “irredeemably flawed,” vacating verdict in favor of taxpayer for refund of IRS-imposed penalty for failure to timely file information returns, vacating attorney fees award as the plaintiff was no longer the prevailing party, and remanding for a new trial. The … More June 13-14, 2024, opinions
Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
