Tag: jurisdiction

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

Take the Fifth: Dec. 11 and 14, 2020 opinions

December 15, 2020

Designated for publication Stelly v. Duriso, 19-20160, appeal from S.D. Tex. Haynes, J. (Jones, Haynes, Ho), Ho. J., concurring in part; intentional infliction of emotional distress, employment discrimination Vacating district court’s default judgment in favor of plaintiff on intentional infliction of emotional distress (“IIED”) claim against individual defendant in lawsuit against unions and maritime association … More Take the Fifth: Dec. 11 and 14, 2020 opinions

Take the Fifth: Dec. 9 opinions

December 10, 2020

Unpublished U.S. v. Castaneda, 19-10687, appeal from N.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming within-Guidelines sentence of 180 months for conviction of possession with intent to distribute more than 50 grams of methamphetamine. U.S. v. Love, 19-11331, appeal from N.D. Tex. per curiam (Jones, Barksdale, Stewart), criminal, sentencing Affirming conviction and sentence … More Take the Fifth: Dec. 9 opinions

Take the Fifth: Dec. 4, 2020 opinions

December 8, 2020

Designated for publication Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions

Take the Fifth: Dec. 1, 2020 opinions

December 2, 2020

Designated for publication Thomas v. Lumpkin, 17-20661, appeal from S.D. Tex. Jones, J., order denying en banc rehearing, joined by Owen, Jones, Smith, Southwick, Haynes, Costa, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.; Graves, J., dissenting from denial of rehearing, joines by Elrod, J. (Stewart, Dennis, Elrod, Graves, Higginson, Willett, voting to rehear); habeas corpus, ineffective … More Take the Fifth: Dec. 1, 2020 opinions