Designated for publication VSP Labs, Inc. v. Hillair Capital Investments, L.P., 20-10885, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Willett, Duncan), bankruptcy Affirming district court and bankruptcy court orders prohibiting one non-debtor from asserting claims against two other non-debtors. VSP had entered into a technology-sharing agreement with Pro Fix Optix (“PFO”). VSP brought a breach … More February 9, 2022, opinions
Designated for publication Dotson v. Atlantic Specialty Insurance Co., 21-30314, appeal from E.D. La. Ho, J. (King, Graves, Ho), insurance, res judicata Affirming summary judgment dismissing plaintiff’s bad faith claims against insurer arising from insurer’s representations about policy limits in prior litigation arising from an auto accident, on grounds of the res judicata effect of … More January 31, 2022, opinions
Unpublished U.S. v. Viator, 20-11235, appeal from N.D. Tex. per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release Afirming district court’s denial of motion for compassionate release. Small v. Zarvona Energy, L.L.C., 20-20316, appeal from S.D. Tex. per curiam (Smith, Stewart, Graves), prisoner suit Affirming dismissal of former prisoner’s § 1983 suit for lack of subject … More January 26, 2022, opinions
Designated for publication U.S. v. Garrett, 17-10516, appeal from N.D. Tex. Jolly, J. (Jolly, Jones, Southwick), criminal, sentencing, Armed Career Criminal Act On remand from the U.S. Supreme Court, reinstating prior judgment reversing imposition of a lesser sentence not enhanced under the ACCA and remanding for resentencing. The panel had previously held that a prior … More January 24-25, 2022, opinions
Designated for publication U.S. v. Gomez, 17-20526, appeal from S.D. Tex. per curiam (Smith, Elrod, Oldham), criminal, sentencing On remand from the U.S. Supreme Court, remanding to the district court to reform the judgment to impose sentence under 8 U.S.C. § 1326(b)(1) (applicable to predicate non-aggravated felonies) rather than under 8 U.S.C. § 1326(b)(2) (applicable … More January 17-18, 2022, opinions
Designated for publication U.S. v. Fuentes-Rodriguez, 15-40740, appeal from S.D. Tex. per curiam (King, Costa, Willett), criminal, sentencing, Armed Career Criminal Act On remand from the U.S. Supreme Court, vacating district court’s sentencing of defendant on conviction of illegal reentry under the ACCA, where the district court had found that the defendant’s prior conviction of … More January 7, 2022, opinions
Designated for publication Seguin v. Remington Arms Co., 17-30499, appeal from E.D. La. Southwick, J. (Owen, Dennis, Southwick), Dennis, J., dissenting; products liability, jurisdiction Certifying question to the Louisiana Supreme Court of whether plaintiff’s products liability claim against gun manufacturer arising from injury from accidental discharge of her father’s hunting rifle on a hunting trip … More January 6, 2022, opinions
Designated for publication Aviles-Tavera v. Garland, 20-60587, petition for review of BIA order Higginbotham, J. (Higginbotham, Stewart, Wilson), immigration Denying Mexican citizen’s petition for review of BIA determination that he is statutorily ineligible for withholding of removal and not entitled to protection under the Convention Against Torture. In a prior removal proceeding, the IJ determined … More January 4, 2022, opinions
Designated for publication Parada-Orellana v. Garland, 19-60645, petition for review of BIA order Wilson, J. (Higginbotham, Stewart, Wilson), immigration Denying petition for panel rehearing; withdrawing August 6, 2021, panel opinion and substituting new panel opinion denying Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ’s motion to rescind in absentia order of … More January 3, 2022, opinions
Designated for publication U.S. v. Meals, 20-40752, appeal from S.D. Tex. Jones, J. (Owen, Jones, Wilson), criminal, search and seizure Affirming conviction for production and possession of child pornography, on finding that Facebook did not act as a government agent when it sent a tip about the defendant’s Messenger exchange with a 15-year-old to the … More December 30, 2021, opinions
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