Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. En banc (Owen, Jones, Smith, Stewart, Dennis, Elrod, Haynes, Graves, Higginson, Costa, Willett, Ho, Engelhardt, Wilson) (recused: Southwick, Duncan, Oldham) Elrod and Willett, JJ., plurality (joined by Jones, Smith, Ho, Engelhardt, Wilson in full; concurred in judgment only by Owen and Haynes); … More August 19, 2021 opinions
Designated for publication Schweizer v. Canon, Inc., 20-20071, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), False Claims Act, qui tam Affirming summary judgment dismissal of plaintiff’s qui tam action under the False Claims Act alleging that Canon overcharged the U.S. for office equipment and provided non-compliant office products, holding that the claims were … More August 12, 2021 opinions
Designated for publication U.S. v. Butler, 19-40095, appeal from E.D. Tex. Smith, J. (Owen, Smith, Graves), criminal, sentencing Affirming imposition of special conditions of release and temporary denial of federal benefits as part of sentence on guilty plea to conspiracy to possess methamphetamine. Defendant entered into a guilty plea agreement that indicated a sentence of … More August 10. 2021 opinions
Unpublished Bowling v. Willis, 19-40914, appeal from E.D. Tex. per curiam (Jones, Barksdale, Stewart), vexatious litigant Dismissing appeal in part, and affirming in part, district court’s declaration of plaintiff as a vexatious litigant and issuance of a pre-filing injunction requiring court approval prior to any filings. U.S. v. Herrera, 20-10720, appeal from N.D. Tex. per … More July 22, 2021 opinions
Designated for publication Singh v. Garland, 19-60937, petition for review of BIA order Higginbotham, J. (Higginbotham, Southwick, Willett), immigration Granting stay pending review of petition for review of BIA order dismissing Indian citizen’s appeal of IJ decision denying his application for asylum and protection under the Convention Against Torture and finding petitioner not credible. Petitioner’s … More July 12, 2021 opinions
Designated for publication Bulkley & Associates, LLC v. Department of Industrial Relations, 20-40020, appeal from E.D. Tex. Willett, J. (Dennis, Higginson, Willett), personal jurisdiction Affirming dismissal of company’s lawsuit against California agency, challenging California agency’s authority to enforce California regulations in Texas, on ground of lack of personal jurisdiction over California agency. California’s Department of … More June 10, 2021 opinions
Designated for publication Davis v. Sumlin, 20-30010, appeal from W.D. La. Oldham, J. (Higginbotham, Smith, Oldham), habeas corpus, jurisdiction Vacating district court’s denial of petitioner’s successive habeas petition on the merits, for lack of jurisdiction due to the failure to get authorization from three-judge panel before filing successive petition; and denying COA on merits of … More Take the Fifth: June 1, 2021 opinions
Designated for publication U.S. v. Johnson, 19-30921, appeal from W.D. La. Dennis, J. (Dennis, Higginson, Willett), criminal, sufficiency of evidence, due process, sentencing Affirming convictions of co-defendants for the armed robbery of two banks and one credit union and with related firearms offenses and sentences of 498 months for one defendant and 339 months for … More Take the Fifth: March 3, 2021 opinions
Designated for publication Wickfire, LLC v. Woodruff, 17-50340, appeal from W.D. Tex. Owen, C.J. (Owen, Dennis, Southwick), sufficiency of evidence, jurisdiction, Lanham Act, tortious interference, civil conspiracy Affirming in part and reversing in part district court judgment based on jury verdict on cross-claims between two internet advertising ventures arising from auctions for Google ad placement … More Take the Fifth: Feb. 26, 2021 opinions
Designated for publication U.S. v. Nora, 18-31078, appeal from E.D. La. Higginson, J. (Higginbotham, Jones, Higginson), criminal, sufficiency of evidence Reversing convictions and vacating sentence on counts of conspiracy to commit health care fraud, conspiracy to pay or receive illegal health care kickbacks, and aiding and abetting health care fraud, on holding that there was … More Take the Fifth: Feb. 24, 2021 opinions
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