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

June 17, 2021 opinions

Designated for publication SED Holdings, LLC v. St. John, 19-20841, appeal from S.D. Tex. Duncan, J. (Haynes, Duncan, Engelhardt), fraud, breach of contract, res judicata, judicial estoppel Affirming judgment of fraud, but finding damages excessive and remanding for remittitur, and vacating judgment of breach of contract, and remanding for further proceedings. This case arose from … More June 17, 2021 opinions

June 10, 2021 opinions

Designated for publication Bulkley & Associates, LLC v. Department of Industrial Relations, 20-40020, appeal from E.D. Tex. Willett, J. (Dennis, Higginson, Willett), personal jurisdiction Affirming dismissal of company’s lawsuit against California agency, challenging California agency’s authority to enforce California regulations in Texas, on ground of lack of personal jurisdiction over California agency. California’s Department of … More June 10, 2021 opinions

Take the Fifth: April 15, 2021 opinions

Unpublished Marediya v. Garland, 19-60741, petition for review of BIA order per curiam (Higginbotham, Jones, Costa), immigration Denying in part and dismissing in part Indian citizens’ petition for review of BIA order dismissing appeal of IJ’s denial of asylum, withholding of removal, and protection under the Convention Against Torture, and adverse credibility finding. De Bastos … More Take the Fifth: April 15, 2021 opinions

Take the Fifth: April 13, 2021 opinions

Designated for publication Impax Laboratories, Inc. v. Federal Trade Commission, 19-60394, petition for review of order of the FTC Costa, J. (Southwick, Costa, Duncan), antitrust law Denying petition for review of FTC order that concluded a rule-of-reason analysis to determine that the respondent’s acceptance more than $100 million in reverse payment settlements to delay the … More Take the Fifth: April 13, 2021 opinions