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
Designated for publication U.S. v. Greer, 19-11348, appeal from N.D. Tex. Stewart, J. (Higginbotham, Stewart, Wilson), criminal, sentencing, Armed Career Criminal Act On remand from U.S. Supreme Court, vacating sentence under the ACCA to 120 months on guilty-plea conviction of being a convicted felon in possession of a firearm, and remanding for resentencing. In Borden … More December 20-29, 2021, opinions
Designated for publication DeOtte v. Nevada, 19-10754, appeal from N.D. Tex. Southwick, J. (Higginbotham, Southwick, Engelhardt), Affordable Care Act, Religious Freedom and Restoration Act, mootness, intervention Vacating district court’s injunction of the 2015 rules implementing the contraception mandate of the ACA, in light of Little Sisters of the Poor Saints Peter and Paul Home v. … More December 17, 2021, opinions
Designated for publication Timpa v. Dillard, 20-10876, appeal from N.D. Tex. Clement, J. (Clement, Southwick, Willett), qualified immunity Reversing summary judgment on qualified immunity as to plaintiffs’ claims of excessive force, and affirming in part and reversing in part the qualified immunity summary judgment on claims of bystander liability, arising from Dallas Police Department’s killing … More December 15, 2021, opinions
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
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
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
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