(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Owens v. Circassia Pharmaceuticals, Inc., 21-10760, appeal from N.D. Tex. Engelhardt, J. (Willett, Engelhardt, Wilson), employment discrimination Affirming summary judgment for employer in … More May 13, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Badgerow v. Walters, 19-30766, appeal from E.D. La. per curiam (Jolly, Graves, Duncan), arbitration On remand from U.S. Supreme Court, reversing district court’s … More May 11, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication U.S. v. Tucker, 21-30194, appeal from M.D. La. Willett, J. (Willett, Engelhardt, Wilson), criminal Reversing conviction of three counts of making false statements … More May 9, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Guerrero v. Occidental Petroleum Corp., 20-20633, appeal from S.D. Tex. Duncan, J. (Higginbotham, Willett, Duncan), employment Affirming district court’s dismissal of claims of … More May 5, 2022, opinions
Designated for publication Consumer Financial Protection Bureau v. All American Check Cashing, Inc., 18-60302, appeal from S.D. Miss. per curiam (Richman, Higginbotham, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson); Jones, J., concurring (joined by Elrod, Duncan, Engelhardt, Oldham, JJ.); Oldham, J., concurring in judgment (joined by Engelhardt, … More May 2-3, 2022, opinions
Designated for publication Wilson v. Stroman, 20-50367, c/w Lewis v. Stroman, 20-50372, c/w Mitchell v. Stroman, 20-50380, c/w Miller v. Stroman, 20-50408, c/w Harper v. Stroman, 20-50453, appeal from W.D. Tex. Higginson, J. (Richman, Clement, Higginson), Fourth Amendment, false arrest Reversing dismissal of Fourth Amendment false arrest claims on application of the independent intermediary doctrine, … More April 28, 2022, opinions
Designated for publication U.S. v. Mejia-Banegas, 21-50459, appeal from W.D. Tex. per curiam (King, Jones, Duncan), King, J., concurring; criminal, supervised release Affirming special condition of supervised release terms that allowed probation officer to require the defendant to notify a person he may pose a risk to and to inform them about that risk. On … More April 25-26, 2022, opinions
Designated for publication U.S. v. Hanner, 20-30420, appeal from W.D. La. Higginson, J. (Southwick, Haynes, Higginson), habeas corpus Vacating in part and affirming in part district court’s ruling on successive sec. 2255 petition, on basis that petitioner had raised a grounds for challenging his sentence that had not been authorized by the Fifth Circuit’s grant … More April 22, 2022, opinions
Designated for publication Vista Health Plan, Inc. v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, finality of judgment Withdrawing panel opinion from March 17, 2022, which affirmed district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS … More April 20, 2022, opinions
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