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
Designated for publication Willett, J. (Willett, Wilson, Ramirez), breach of contract Affirming summary judgment in favor of defendant on plaintiff’s breach of contract and fraud claims arising from alleged breach of supplier-exclusivity agreement between defendant and plaintiff’s predecessor-in-interest. The Court held that the plaintiff’s breach of contract claim was time-barred on its face, and that … More April 3, 2024, opinions
Unpublished per curiam (Barksdale, Elrod, Haynes), prisoner suit, qualified immunity Affirming qualified immunity-based dismissal of Texas state prisoner’s sec. 1983 claim. per curiam (Barksdale, Elrod, Haynes), habeas corpus Affirming dismissal of sec. 2241 petition on jurisdictional grounds. per curiam (Stewart, Willett, Oldham), legal malpractice Reversing and remanding from dismissal of legal malpractice claims under Texas … More January 13, 2023, opinions
Unpublished per curiam (Richman, Dennis, Ho), immigration Denying Honduran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of motion to reopen and to rescind absentia order of removal. per curiam (King, Stewart, Haynes), criminal, sentencing Affirming 120-month sentence and conviction for illegal reentry. per curiam (Higginbotham, Duncan, Engelhardt), products liability Affirming … More December 6, 2022, opinions
(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Costa, J. (Davis, Costa, Oldham), Oldham, J., dissenting; Clean Air Act, standing Affirming Clean Air Act penalties, as well as standing of plaintiffs … More August 26-31, 2022, opinions
Designated for publication Williams v. Homeland Insurance Co. of New York, 20-30196, appeal from W.D. La. Haynes, J. (Jones, Haynes, Ho), Ho, J., concurring; Jones, J., dissenting; jurisdiction Reversing district court’s determination that it had diversity jurisdiction because a non-diverse defendant had been mis-joined, vacating the district court’s merits ruling dismissing the plaintiffs’ claims, and … More November 30, 2021, opinions
