Tag: insurance

Take the Fifth: April 16, 2021 opinions

April 17, 2021

Unpublished U.S. v. Medina, 18-10266, appeal from N.D. Tex. per curiam (Higginbotham, Jones, Costa), criminal, sentencing Affirming 360-month sentence and supervised release on guilty plea conviction to conspiracy to possess with intent to distribute a controlled substance. Leal v. Magic Touch Up, Inc., 19-10467, appeal from N.D. Tex. Owen, C.J. (Owen, Southwick, Oldham), Fair Labor … More Take the Fifth: April 16, 2021 opinions

Take the Fifth: April 14, 2021 opinions

April 15, 2021

Designated for publication U.S. v. Williams, 20-40157, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), criminal, restitution Affirming restitution award of more than $2 million for defendant on guilty plea conviction of four counts of wire fraud involving purported sales of cattle in which defendant absconded with the money without producing the cattle. “The … More Take the Fifth: April 14, 2021 opinions

Take the Fifth: April 13, 2021 opinions

April 14, 2021

Designated for publication Impax Laboratories, Inc. v. Federal Trade Commission, 19-60394, petition for review of order of the FTC Costa, J. (Southwick, Costa, Duncan), antitrust law Denying petition for review of FTC order that concluded a rule-of-reason analysis to determine that the respondent’s acceptance more than $100 million in reverse payment settlements to delay the … More Take the Fifth: April 13, 2021 opinions

Take the Fifth: April 1-2, 2021 opinions

April 5, 2021

Designated for publication U.S. v. Knowlton, 19-41042, appeal from E.D. Tex. Elrod, J. (Elrod, Willett, Engelhardt), criminal Affirming conviction for receiving material containing child pornography. The Court held that the flash drives, external hard drives, and computer hard drives were “materials containing” child pornography and not merely child pornography itself, rejecting defendant’s argument that he … More Take the Fifth: April 1-2, 2021 opinions

Take the Fifth: March 12, 2021 opinions

March 16, 2021

Designated for publication U.S. v. Nelson, 19-41008, appeal from S.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, search and seizure, Miranda Affirming conviction for conspiracy to possess with intent to distribute 50 kilograms or more of marijuana, on conditional guilty plea reserving right to appeal from district court’s denial of motion to suppress evidence seized … More Take the Fifth: March 12, 2021 opinions

Take the Fifth: March 10, 2021 opinions

March 11, 2021

Designated for publication Hall CA-NV, LLC v. One Republic National Title Insurance Co., 20-10268, appeal from N.D. Tex. Ho, J. (Clement, Ho, Duncan), breach of contract, insurance Affirming dismissal of plaintiff’s suit for coverage for prior mechanic’s liens under title insurance policy, on basis that plaintiff had agreed to removal of such coverage. Judge Ho … More Take the Fifth: March 10, 2021 opinions

Take the Fifth: March 9, 2021 opinions

March 10, 2021

Designated for publication Williams v. Lockheed Martin Corp., 18-31162, appeal from E.D. La. Owen, C.J. (Owen, Willett, Oldham), federal officer jurisdiction, asbestos, sanctions Denying petition for en banc rehearing, granting petition for panel rehearing, vacating panel opinion, and issuing new decision affirming district court’s denial of motion to remand, summary judgment dismissal of asbestos-exposure claims, … More Take the Fifth: March 9, 2021 opinions

Take the Fifth: March 5, 2021 opinions

March 6, 2021

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

Take the Fifth: March 4, 2021 opinions

March 5, 2021

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

Take the Fifth: March 1, 2021 opinions

March 2, 2021

Texas Association of Manufacturers v. U.S. Consumer Product Safety Commission, 17-60836, on petition for review of an order of the CPSC Owen, C.J. (Owen, Southwick, Higginson), administrative law, standing, Administrative Procedures Act Holding that the Consumer Product Safety Commission (“CPSC”) procedurally erred in promulgating a final rule limiting the concentration of 5 phthalates in children’s … More Take the Fifth: March 1, 2021 opinions