Tag: prisoner suit

December 10-14, 2021, opinions

December 15, 2021

Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions

December 7, 2021, opinions

December 8, 2021

Designated for publication Dean v. Seidel, 21-10468, appeal from N.D. Tex. Wiener, J. (Wiener, Graves, Ho), bankruptcy Dismissing for lack of bankruptcy standing a debtor’s objection to a litigation funding arrangement entered into by a trustee and a creditor. The trustee of the debtor’s Chapter 7 bankruptcy estate did not have sufficient unencumbered funds to … More December 7, 2021, opinions

December 2-3, 2021, opinions

December 6, 2021

Designated for publication Gross v. Keen Group Solutions, L.L.C., 20-20594, appeal from S.D. Tex. Jones, J. (Jones, Smith, Haynes), Haynes, J., dissenting; appellate jurisdiction Dismissing appeal of district court’s denial of defendant’s Rule 60(b)(5) motion in dispute over whether arbitration award had been fully satisfied. The Court found that “[t]he district court here still has … More December 2-3, 2021, opinions

November 22-29, 2021, opinions

November 30, 2021

Designated for publication Coleman v. BP Exploration & Production, Inc., 20-40811, appeal from S.D. Tex. Willett, J. (Higginbotham, Willett, Duncan), negligence, independent contractor Affirming summary judgment dismissal of claims against project management company (BP) and against day-to-day management company (Grand Isle Shipping), on claims of employee of scaffolding subcontractor arising from plaintiff’s back injury received … More November 22-29, 2021, opinions

November 19, 2021, opinions

November 22, 2021

Designated for publication Admar International, Inc. v. Eastrock, L.L.C., 21-30098, appeal from W.D. La. Ho, J. (Higginbotham, Smith, Ho), personal jurisdiction Affirming dismissal of copyright and trademark claims on the basis of lack of personal jurisdiction. Holding that “Merely running a website that is accessible in all 50 states, but that does not specifically target … More November 19, 2021, opinions

November 18, 2021, opinions

November 19, 2021

Designated for publication Gomez v. Galman, 20-30508, appeal from E.D. La. per curiam (Stewart, Ho, Engelhardt), Ho, J., concurring; 1983 Reversing 12(b)(6) dismissal of plaintiff’s section 1983 claims against two off-duty New Orleans Police officers who savagely beat him, reversing dismissal of state-law negligent hiring/training/retention claims against the City of New Orleans, but affirming dismissal … More November 18, 2021, opinions

November 17, 2021, opinions

November 18, 2021

Designated for publication Great American Insurance Co. v. Employers Mutual Casualty Co., 20-11113, appeal from N.D. Tex. Haynes, J. (King, Smith, Haynes), insurance Reversing summary judgment dismissal of plaintiff umbrella insurer’s declaratory judgment claim against defendant umbrella insurer in dispute regarding which umbrella insurer’s policy had priority coverage for a settlement agreement reached in an … More November 17, 2021, opinions

November 15, 2021, opinions

November 16, 2021

Designated for publication BVS Construction, Inc. v. Prosperity Bank, 21-50274, appeal from W.D. Tex. Clement, J. (Clement, Southwick, Willett), bankruptcy, res judicata Affirming district court’s and bankruptcy court’s overruling of debtor’s claim objection to secured creditor’s proof of claim, on basis that “res judicata, judicial estoppel, and judicial admission barred [debtor’s] claim objection on the … More November 15, 2021, opinions

November 10, 2021, opinions

November 11, 2021

Designated for publication Guzman v. Allstate Assurance Co., 20-11247, appeal from N.D. Tex. Elrod, J. (Davis, Elrod, Oldham), insurance Reversing summary judgment in favor of life insurance company on widow/beneficiary’s suit for recovery of life insurance benefits after her 28-year-old husband died after suffering a seizure. The insurer determined that the insured would not have … More November 10, 2021, opinions

November 8, 2021, opinions

November 9, 2021

Designated for publication U.S. v. Barlow, 18-30994, appeal from M.D. La. Southwick, J. (Clement, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Armed Career Criminal Act Affirming district court’s denial of petitioner’s § 2255 petition for post-conviction relief based on ineffective assistance of counsel and the application of the Armed Career Criminal Act. Petitioner pled … More November 8, 2021, opinions