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
Designated for publication Cope v. Cogdill, 19-10798, appeal from N.D. Tex. Haynes, J. (Stewart, Dennis, Haynes), Dennis, J., dissenting; qualified immunity Reversing district court’s denial of qualified immunity for officers sued after the jailhouse suicide death of Derrek Monroe, and rendering judgment in favor of officers. Monroe was a pretrial detainee in the Coleman County … More July 2, 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
Designated for publication Douglas v. Nippon Yusen Kabushiki Kaisha, 20-30379, appeal from E.D. La. per curiam (King, Elrod, Willett), Elrod, J., specially concurring, joined by WIllett, J.; personal jurisdiction Affirming dismissal of two lawsuits against Japanese company that chartered boat that collided with U.S. Navy vessel in Japanese territorial waters, killing seven sailors and injuring … More Take the Fifth: April 30, 2021 opinions
Designated for publication U.S. v. Cooper, 19-50119, appeal from W.D. Tex. Elrod, J. (Elrod, Duncan, Wilson), criminal, guilty plea Affirming conviction on use or possession of a firearm in furtherance of a drug trafficking offense, where defendant had pled guilty, finding sufficient factual bases to support plea; but remanding to correct that plea was to … More Take the Fifth: Nov. 9 and 10, 2020 opinions
Designated for publication Londono-Gonzalez v. Barr, 16-60766, petition for review of BIA order, on remand from U.S. Supreme Ct. Elrod, J. (Higginbotham, Elrod, Duncan), immigration, equitable tolling Denying petition for review of BIA order. Court held that “uncertain legal terrain does not create an obstacle that stands in the way of an individual meeting the … More Take the Fifth: Oct. 26, 2020 opinions
