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
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
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
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
Unpublished Marediya v. Garland, 19-60741, petition for review of BIA order per curiam (Higginbotham, Jones, Costa), immigration Denying in part and dismissing in part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
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
Designated for publication U.S. v. Fackrell, 18-40598, appeal from E.D. Tex. Stewart, J. (Stewart, Duncan, Wilson), criminal, sentencing, death penalty Affirming convictions and death sentences of co-defendants for first-degree murder of fellow inmate in prison shanking to enforce rules of the Soldiers of Aryan Culture (“SAC”) prison gang. The Court held that the district court … More Take the Fifth: March 11, 2021 opinions
Designated for publication U.S. v. Masha, 19-20673, appeal from S.D. Tex. Jones, J. (Jones, Clement, Graves), criminal, sufficiency of evidence, sentencing Affirming conviction and sentence on eight counts of false use of a passport under 18 U.S.C. § 1543, and vacating (with government’s acquiescence) conviction and sentence on eight counts of misuse of a passport … More Take the Fifth: March 8, 2021 opinions
Designated for publication U.S. v. Johnson, 19-30921, appeal from W.D. La. Dennis, J. (Dennis, Higginson, Willett), criminal, sufficiency of evidence, due process, sentencing Affirming convictions of co-defendants for the armed robbery of two banks and one credit union and with related firearms offenses and sentences of 498 months for one defendant and 339 months for … More Take the Fifth: March 3, 2021 opinions
Unpublished U.S. v. Lott, 19-20726, appeal from S.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming conviction and 60-month sentence for bank fraud. Hoffman v. Furr, 19-40913, appeal from S.D. Tex. per curiam (Barksdale, Graves, Oldham), prisoner suit Affirming dismissal of prisoner suit arising from administration of insulin to plaintiff, and issuing strike for … More Take the Fifth: Jan. 15, 2021 opinions
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