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
Designated for publication U.S. v. Sincleair, 20-10495, appeal from N.D. Tex. Davis, J. (Davis, Haynes, Oldham), Oldham, J., dissenting; criminal, sentencing Vacating sentence reached upon application of two-point enhancement for possession of dangerous weapon, and remanding for resentencing. The Court held, “[I]t is not clear whether the district court determined that Sincleair personally possessed the … More October 27-29, 2021, opinions
Designated for publication Ghedi v. Mayorkas, 20-10995, appeal from N.D. Tex. Willett, J. (Stewart, Costa, Willett), Fourth Amendment, Administrative Procedures Act Affirming dismissal of plaintiff’s Fourth Amendment and APA claims against various federal officials in their official capacities arising from being subjected to air travel restrictions and inconveniences. While the Court disagreed with the district … More October 21-25, 2021, opinions
Designated for publication U.S. v. Martinez, 20-50984, appeal from W.D. Tex. Costa, J. (King, Costa, Ho), criminal, sentencing, supervised release Granting Anders motion to appointed defense counsel to withdraw as no non-frivolous grounds for appeal exist, but specifically addressing why there is not a non-frivolous argument that the orally pronounced terms of supervised release did … More October 20, 2021, opinions
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