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 Quadvest, L.P. v. San Jacinto River Authority, 20-20447, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), antitrust law Affirming denial of state-action immunity on behalf of water authority, against which plaintiff investor-owned utilities had brought claims under Section 1 of the Sherman Act. Defendant water authority, the SJRA, is a political … More August 3, 2021 opinions
Designated for publication Kaswatuka v. U.S. Department of Homeland Security, 20-10632, appeal from N.D. Tex. Stewart, J. (Stewart, Costa, Willett), employment discrimination, Title VII, Americans with Disabilities Act Affirming 12(b)(6) dismissal of plaintiff’s employment discrimination claims against the TSA. The Court first held that the plaintiff had waived any arguments other than those directly related … More August 2, 2021 opinions
Designated for publication Sanchez Oil & Gas Corp. v. Crescent Drilling & Production, Inc., 20-20304, appeal from S. D. Tex. Jones, J. (Jones, Clement, Graves), Fair Labor Standards Act, indemnification Reversing summary judgment in favor of defendant on plaintiff’s claim for indemnification for FLSA liability to subcontractor, finding existence of material fact as to whether … More July 30, 2021 opinions
Designated for publication Vazquez-Guerra v. Garland, 18-60828, petition for review of BIA order Ho, J. (Smith, Graves, Ho), immigration Denying petition for review of Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order denying asylum and withholding of removal for her and her minor daughter based on an expressed fear that … More July 29, 2021 opinions
Designated for publication U.S. v. Sharp, 20-60437, appeal from N.D. Miss. Costa, J. (Jones, Southwick, Costa), criminal, search and seizure, sufficiency of evidence, severance, Confrontation Clause, right to counsel Affirming conviction on fifteen drug trafficking and firearms counts arising from three separate incidents. The Court held there was no clear error in the district court’s … More July 26, 2021 opinions
Unpublished U.S. v. Clark, 20-10094, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), criminal, First Step Act Vacating district court’s denial of a motion for sentence reduction under the First Step Act, and remanding for further proceedings in light of United States v. Shkambi, 993 F.3d 388, 393 (5th Cir. 2021). U.S. v. Castillo, … More July 20, 2021 opinions
Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), abortion law, § 1983, sovereign immunity Affirming in part and reversing in part district court’s denial of motion to dismiss on sovereign immunity grounds suit by Planned Parenthood against the director of the Louisiana Department … More July 15, 2021 opinions
Designated for publication U.S. v. Trujillo, 20-10679, appeal from N.D. Tex. Ho, J. (King, Dennis, Ho), criminal, sentencing Reforming judgment to reflect the conviction for illegal reentry after removal should be pursuant to 18 U.S.C. § 1326(b)(1) for illegal reentry after a conviction for a felony other than an aggravated felony, rather than under 18 … More July 9, 2021 opinions
Designated for publication Franco v. Mabe Trucking Co., 19-30316, appeal from W.D. La. Dennis, J. (King, Jones, Dennis), Jones, J., dissenting; timeliness, venue Reversing district court’s dismissal of suit as untimely after venue was transferred under 28 U.S.C. § 1406(a) from Eastern District of Texas to Western District of Louisiana, and remanding for further proceedings. … More July 8, 2021 opinions
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