Designated for publication O’Brien’s Response Management, L.L.C. v. BP Exploration & Production, Inc., 20-30364, appeal from E.D. La. Jones, J. (Jones, Clement, Graves), Graves, J., dissenting in part; insurance Affirming in part, reversing in part, and remanding for further proceedings on claims for insurance coverage and indemnification regarding payment for BP’s liabilities for personal injury … More January 19, 2022, opinions
Designated for publication Williams v. Boeing Co., 18-31158, appeal from E.D. La. Southwick, J. (Southwick, Graves, Engelhardt), personal tort, multi-district litigation Reversing in part final judgment entered in mesothelioma case by district court in Louisiana after summary judgment by MDL court in Pennsylvania, and remanded for further proceedings. The Court held that the MDL district … More January 11-14, 2022, opinions
Designated for publication Seguin v. Remington Arms Co., 17-30499, appeal from E.D. La. Southwick, J. (Owen, Dennis, Southwick), Dennis, J., dissenting; products liability, jurisdiction Certifying question to the Louisiana Supreme Court of whether plaintiff’s products liability claim against gun manufacturer arising from injury from accidental discharge of her father’s hunting rifle on a hunting trip … More January 6, 2022, opinions
Designated for publication Jones v. Lumpkin, 19-10079, appeal from N.D. Tex. Jones, J. (Jones, Higginson, Duncan), habeas corpus, timeliness Affirming district court’s dismissal of federal habeas application that had been filed after AEDPA’s one-year limitations period and that was not entitled to statutory tolling, on finding that petitioner was not entitled to equitable tolling. Petitioner’s … More January 5, 2022, opinions
Designated for publication Ticer v. Imperium Insurance Co., 21-10108, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), insurance, diversity jurisdiction Vacating district court’s dismissal of improperly joined non-diverse defendant with prejudice, and remanding to district court to dismiss non-diverse defendant without prejudice. Plaintiff brought suit in Texas state court against two insurance companies arising … More December 16, 2021, opinions
Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions
Designated for publication Coleman v. BP Exploration & Production, Inc., 20-40811, appeal from S.D. Tex. Willett, J. (Higginbotham, Willett, Duncan), negligence, independent contractor Affirming summary judgment dismissal of claims against project management company (BP) and against day-to-day management company (Grand Isle Shipping), on claims of employee of scaffolding subcontractor arising from plaintiff’s back injury received … More November 22-29, 2021, opinions
Designated for publication Admar International, Inc. v. Eastrock, L.L.C., 21-30098, appeal from W.D. La. Ho, J. (Higginbotham, Smith, Ho), personal jurisdiction Affirming dismissal of copyright and trademark claims on the basis of lack of personal jurisdiction. Holding that “Merely running a website that is accessible in all 50 states, but that does not specifically target … More November 19, 2021, opinions
Designated for publication Great American Insurance Co. v. Employers Mutual Casualty Co., 20-11113, appeal from N.D. Tex. Haynes, J. (King, Smith, Haynes), insurance Reversing summary judgment dismissal of plaintiff umbrella insurer’s declaratory judgment claim against defendant umbrella insurer in dispute regarding which umbrella insurer’s policy had priority coverage for a settlement agreement reached in an … More November 17, 2021, opinions
Designated for publication Guzman v. Allstate Assurance Co., 20-11247, appeal from N.D. Tex. Elrod, J. (Davis, Elrod, Oldham), insurance Reversing summary judgment in favor of life insurance company on widow/beneficiary’s suit for recovery of life insurance benefits after her 28-year-old husband died after suffering a seizure. The insurer determined that the insured would not have … More November 10, 2021, opinions
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