December 17, 2021, opinions

Designated for publication DeOtte v. Nevada, 19-10754, appeal from N.D. Tex. Southwick, J. (Higginbotham, Southwick, Engelhardt), Affordable Care Act, Religious Freedom and Restoration Act, mootness, intervention Vacating district court’s injunction of the 2015 rules implementing the contraception mandate of the ACA, in light of Little Sisters of the Poor Saints Peter and Paul Home v. … More December 17, 2021, opinions

December 10-14, 2021, opinions

Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions

December 2-3, 2021, opinions

Designated for publication Gross v. Keen Group Solutions, L.L.C., 20-20594, appeal from S.D. Tex. Jones, J. (Jones, Smith, Haynes), Haynes, J., dissenting; appellate jurisdiction Dismissing appeal of district court’s denial of defendant’s Rule 60(b)(5) motion in dispute over whether arbitration award had been fully satisfied. The Court found that “[t]he district court here still has … More December 2-3, 2021, opinions

October 19, 2021, opinions

Designated for publication Talasek v. National Oilwell Varco, L.P., 21-20069, appeal from S.D. Tex. Clement, J. (Owen, Clement, Duncan), insurance, ERISA Affirming summary judgment in favor of defendant employer in its capacity as the ERISA administrator of the plaintiff’s deceased husband, dismissing the plaintiff’s estoppel claim for life insurance proceeds following her husband’s death. The … More October 19, 2021, opinions

September 15, 2021 opinions

Designated for publication Texas v. U.S., 21-40618, appeal from S.D. Tex. Costa, J. (Southwick, Graves, Costa), immigration, Administrative Procedure Act Granting partial stay, pending appeal, of nationwide injunction entered by district court to enjoin the U.S. from relying on immigration enforcement priorities announced in DHS and ICE memos following President Biden’s inauguration. The DHS and … More September 15, 2021 opinions

September 10, 2021 opinions

Designated for publication Barilla v. City of Houston, 20-20535, appeal from S.D. Tex. Higginson, J. (Owen, Clement, Higginson), First Amendment, standing Reversing district court’s dismissal on grounds of lack of standing of First Amendment suit by plaintiff, an accordionist and would-be busker, challenging Houston ordinances that restrict busking. Plaintiff alleges “that but for the Busking … More September 10, 2021 opinions

August 5, 2021 opinions

Designated for publication Parish of Plaquemines v. Chevron USA, Inc., 19-30492, appeal from E.D. La.; c/w Parish of Cameron v. BP America Production Co., 19-30829, appeal from W.D. La. Ho, J. (Ho, Engelhardt, Oldham), removal Granting panel rehearing, withdrawing original panel opinion, denying en banc rehearing; affirming in part, reversing in part, and remanding for … More August 5, 2021 opinions

July 12, 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

July 6, 2021 opinions

Designated for publication Goodrich v. U.S., 20-30422, appeal from W.D. La. Stewart, J. (Higginbotham, Stewart, Wilson), tax, successions Certifying questions of Louisiana successions law to Louisiana Supreme Court in order to resolve issue of plaintiffs’ standing to challenge IRS’s levy on the plaintiffs’ father’s succession account. When plaintiffs’ mother died, she left her interest in … More July 6, 2021 opinions

June 18 and 21, 2021 opinions

Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions