September 30, 2021 opinions

Designated for publication Adams v. All Coast, L.L.C., 19-30907, appeal from W.D. La. per curiam (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Denying petition for en banc rehearing (Judges Jones and Elrod voting for rehearing; Chief Judge Owen and Judges Smith, Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, … More September 30, 2021 opinions

August 13, 2021 opinions

Designated for publication Hernandez v. Garland, 19-60274, petition for review of BIA order Jones, J. (Jones, Costa, Duncan), Costa, J., dissenting; immigration Denying Salvadoran citizen’s petition for review of BIA order denying motion to reconsider prior order of removal or alternatively to reopen proceedings. BIA deemed the motion as a motion to reconsider, concluded that … More August 13, 2021 opinions

Take the Fifth: May 28, 2021 opinions

Designated for publication International Energy Ventures Management, LLC v. United Energy Group, Ltd., 20-20221, appeal from S.D. Tex. Oldham, J. (Haynes, Higginson, Oldham), arbitration Reversing district court’s judgment compelling arbitration on a finding that the defendant had not been prejudiced by the plaintiff’s (which was the party moving to compel arbitration) litigation conduct during the … More Take the Fifth: May 28, 2021 opinions

Take the Fifth: May 11, 2021 opinions

Designated for publication Sanchez v. Smart Fabricators of Texas, LLC, 19-20506, appeal from S.D. Tex. Davis, J. (Owen, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Dennis, J., concurring; Jones Act, maritime law, Longshore and Harbor Worker’s Compensation Act In this en banc decision, a unanimous … More Take the Fifth: May 11, 2021 opinions

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

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: Dec. 21-24 opinions

Designated for publication Taylor v. Stevens, 17-10253, appeal from N.D. Tex. per curiam (Owen, Jones, Smith), qualified immunity, § 1983, Eighth Amendment On remand from the Supreme Court, vacating its earlier decision reversing in part and remanding dismissal of Eighth Amendment conditions-of-confinement claims on qualified immunity grounds, and remanding case in its entirety. Texas v. … More Take the Fifth: Dec. 21-24 opinions

Take the Fifth: Dec. 7 and 8, 2020 opinions

Designated for publication U.S. v. Lipscomb, 18-11168, appeal from N.D. Tex. Clement, J. (Clement, Ho, Duncan), habeas corpus, Armed Career Criminal Act Vacating district court’s grant of § 2255 petition and remanding to reinstate original sentence. Petitioner had been convicted as a felon in possession of a firearm after being apprehended with a sawed-off shotgun … More Take the Fifth: Dec. 7 and 8, 2020 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions