Tag: jurisdiction

Take the Fifth: Feb. 22, 2021 opinions

February 23, 2021

Unpublished GuideOne Insurance Co. v. First United Methodist Church of Hereford, 20-10528, appeal from N.D. Tex. per curiam (Wiener, Dennis, Duncan), jurisdiction Dismissing appeal from summary judgments in insurance coverage dispute for lack of appellate jurisdiction where all claims against all parties had not been resolved. U.S. v. Cruz-Miguel, 20-507110, appeal from W.D. Tex. per … More Take the Fifth: Feb. 22, 2021 opinions

Take the Fifth: Feb. 10 and 11, 2021 opinions

February 12, 2021

Designated for publication Adams v. All Coast, LLC, 19-30907, appeal from W.D. La. Clement, J. (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Reversing summary judgment in favor of employer on employees’ FLSA overtime claims, on holding that district court erred in classifying the employees, who operated cranes on employer’s liftboats, a seamen who … More Take the Fifth: Feb. 10 and 11, 2021 opinions

Take the Fifth: Feb. 9, 2021 opinions

February 11, 2021

Designated for publication Lucio v. Lumpkin, 16-70027, appeal from S.D. Tex. 115 pages of opinions: Oldham, J., plurality op. of Court (joined by Owen, Jones, Smith, Ho, Duncan, Engelhardt, JJ.); Southwick, J., concurring (joined by Costa, Willett, JJ.); Higginbotham, J., dissenting; Elrod, J., dissenting (joined by Higginson, J.); Haynes, J., dissenting (joined by Higginbotham, Stewart, … More Take the Fifth: Feb. 9, 2021 opinions

Take the Fifth: Feb. 1 and 2, 2021 opinions

February 3, 2021

Designated for publication Tibakweitira v. Wilkinson, 18-60459, petition for review of BIA order Engelhardt, J. (Haynes, Duncan, Engelhardt), immigration Dismissing in part and denying in part Tanzanian citizen’s petitions for review of a BIA order dismissing his appeal from the IJ decision denying his application for withholding of removal and protection under the Convention Against … More Take the Fifth: Feb. 1 and 2, 2021 opinions

Take the Fifth: Jan. 28, 2021 opinions

January 29, 2021

Designated for publication Belliveau v. Barco, Inc., 19-50717, appeal from W.D. Tex. Jones, J. (Davis, Jones, Willett), Davis, J., concurring in part and dissenting in part; corporate veil piercing, breach of fiduciary duty Affirming district court’s summary judgment dismissing plaintiff’s claims against sole shareholder of company plaintiff claimed had grossly undervalued his intellectual property in … More Take the Fifth: Jan. 28, 2021 opinions

Take the Fifth: Jan. 20, 2021 opinions

January 21, 2021

Designated for publication Gonzalez v. CoreCivic, Inc., 19-50691, appeal from W.D. Tex. Ho, J. (Smith, Ho, Oldham), Ho, J., additionally concurring, Oldham, J., dissenting; Trafficking Victims Protection Act Affirming district court’s denial of defendant’s motion to dismiss claim by immigrant detainee in its facility who brought claims that defendant’s work program was involuntary and a … More Take the Fifth: Jan. 20, 2021 opinions

Take the Fifth: Jan. 14, 2021 opinions

January 15, 2021

Designated for publication Evolve Federal Credit Union v. Barragan-Flores, 18-50420, appeal from W.D. Tex. Owen, C.J. (Owen, Wiener, Dennis), bankruptcy Affirming district court’s reversal of bankruptcy court’s approval of plan that allowed debtor to retain one of two vehicles that had been cross-collateralized to secure loans on both vehicles. The debtor had financed the purchase … More Take the Fifth: Jan. 14, 2021 opinions

Take the Fifth: Jan. 1 – 11, 2021 opinions

January 12, 2021

Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions

Take the Fifth: Dec. 26-31, 2020 opinions

January 9, 2021

Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 opinions

Take the Fifth: Dec. 15, 2020 opinions

December 16, 2020

Designated for publication Cohen v. Gilmore, 19-20152, appeal from S.D. Tex. Graves, J. (Graves, Costa, Engelhardt), fraudulent transfer Affirming in part and vacating in part rulings of the state trial court entered prior to bankruptcy removal, and remanding to the federal district court for further proceedings. Plaintiff brought claim for fraudulent transfer in a real … More Take the Fifth: Dec. 15, 2020 opinions