Tag: insurance

October 16, 2024, opinions

October 17, 2024

Unpublished per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming imposition of lifetime supervised release as part of sentence for revocation of supervised release. per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming 72-month sentence on conviction of possession of a firearm by a felon. per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and … More October 16, 2024, opinions

September 20, 2024, opinions

September 23, 2024

Designated for publication Oldham, J. (Ho, Duncan, Oldham), diversity jurisdiction Remanding appeal from summary judgment and from judgment after bench trial, for jurisdictional discovery into the citizenship of LLC members where complaints only alleged where the LLCs were “doing business” and had their “principal place of business.” Southwick, J. (Dennis, Southwick, Ho), insurance Reversing summary … More September 20, 2024, opinions

September 18-19, 2024, opinions

September 22, 2024

Designated for publication Jones, J. (Jones, Smith, Ho), copyright, trademark infringement Affirming summary judgment in favor of defendant, a children’s art teaching company, and against plaintiff artist, holding that fair use doctrine protected defendant’s use of plaintiff’s art works; and holding that district court’s summary judgment on trademark infringement claim where motion for summary judgment … More September 18-19, 2024, opinions

September 17, 2024, opinions

September 18, 2024

Unpublished per curiam (King, Southwick, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Stewart, Higginson), insurance Affirming judgment in favor of defendant life insurer upholding denial of accidental death benefits. per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Stewart, Duncan), criminal … More September 17, 2024, opinions

August 16-21, 2024, opinions

August 23, 2024

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

August 1-15, 2024, opinions

August 20, 2024

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

July 24, 2024, opinions

July 25, 2024

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

July 1-17, 2024, opinions

July 19, 2024

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

June 28, 2024, opinions

July 9, 2024

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