Tag: insurance

March 7-8, 2022, opinions

March 9, 2022

Designated for publication U.S. v. Sheperd, 19-20073, appeal from S.D. Tex. Willett, J. (Smith, Willett, Duncan), criminal, Sixth Amendment, ineffective assistance of counsel Remanding to district court to hold evidentiary hearing on whether defendant’s pretrial counsel’s conflict of interest adversely affected her right to representation. From Judge Willett’s comprehensive introduction: “‘The Sixth Amendment is the … More March 7-8, 2022, opinions

March 1-4, 2022, opinions

March 8, 2022

Designated for publication Collins v. Yellen, 17-20364, appeal from S.D. Tex. per curiam (joined by Owen, Jones, Smith, Elrod, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J., dissenting, joined by Stewart, Dennis, Graves, Costa, JJ.); separation of powers After partial vacatur and remand by U.S. Supreme Court of en banc decision at … More March 1-4, 2022, opinions

February 23-28, 2022, opinions

March 7, 2022

Designated for publication Continental Automotive Systems, Inc. v. Avanci, L.L.C., 20-11032, appeal from N.D. Tex. Stewart, J. (Stewart, Ho, Engelhardt); Ho, J., constructively dissenting; antitrust law, standing Vacating 12(b)(6) dismissal of automotive parts supplier’s antitrust claim against patent licensing agent for group of standard-essential patent holders of cellular-connectivity technologies, and remanding to district court with … More February 23-28, 2022, opinions

February 16, 2022, opinions

February 17, 2022

Designated for publication Dillon Gage, Inc. v. Certain Underwriters at Lloyds, 20-10262, appeal from N.D. Tex. Graves, J. (Barksdale, Southwick, Graves), insurance After receiving answer to certified question from Texas Supreme Court, affirming district court’s summary judgment dismissing claim against insurer arising from million-dollar-plus loss of plaintiff who sent gold coins to a thief who … More February 16, 2022, opinions

February 15, 2022, opinions

February 16, 2022

Designated for publication Craig v. Martin, 19-10013, appeal from N.D. Tex. Owen, C.J. (Owen, Barksdale, Duncan), qualified immunity Reversing denial of qualified immunity summary judgment on excessive force claims and rendering judgment in favor of police officer defendant. The Court held that the video evidence showed that it was not objectively unreasonable for the officer … More February 15, 2022, opinions

February 3, 2022, opinions

February 4, 2022

Designated for publication Landmark American Insurance Co. v. SCD Memorial Place II, L.L.C., 20-20389, appeal from S.D. Tex. Elrod, J. (Elrod, Willett, Engelhardt), insurance Reversing summary judgment in favor of insured on action regarding coverage of flood-related damage sustained during Hurricane Harvey, and rendering judgment in favor of insurer. The policy at issue here is … More February 3, 2022, opinions

January 31, 2022, opinions

February 1, 2022

Designated for publication Dotson v. Atlantic Specialty Insurance Co., 21-30314, appeal from E.D. La. Ho, J. (King, Graves, Ho), insurance, res judicata Affirming summary judgment dismissing plaintiff’s bad faith claims against insurer arising from insurer’s representations about policy limits in prior litigation arising from an auto accident, on grounds of the res judicata effect of … More January 31, 2022, opinions

January 19, 2022, opinions

January 21, 2022

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

January 11-14, 2022, opinions

January 17, 2022

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

January 6, 2022, opinions

January 7, 2022

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