Designated for publication Dean v. Akal Security, Inc., 20-30306, appeal from W.D. La. Southwick, J. (Higginbotham, Southwick, Engelhardt), Fair Labor Standards Act Affirming summary judgment in favor of defendant on FLSA claims arising from meal-period policy that automatically deducted one hour of pay from employees of security company whose employees accompanied deportees being flown to … More June 22, 2021 opinions
Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions
Designated for publication Midwestern Cattle Marketing, LLC v. Legend Bank, N.A., 20-10663, appeal from N.D. Tex. Barker, J., by desig. (Smith, Ho, Barker), decretal language, summary judgment Affirming the summary judgment entered by the district court on remand from prior appeal in matter. The Court rejected plaintiff’s argument that an unjust enrichment claim was still … More June 8-9, 2021 opinions
Unpublished Brown v. Orleans Parish Sheriff Office, 19-30922, appeal from E.D. La. per curiam (Jones, Costa, Wilson), prisoner suit Dismissing as frivolous appeal from district court’s dismissal of suit alleging that he is illegally confined. U.S. v. O’Donnell, 20-10238, appeal from N.D. Tex. per curiam (Smith, Stewart, Higginson), criminal Granting Anders motion to withdraw, and … More Take the Fifth: June 7, 2021 opinions
Designated for publication Butler v. Porter, 19-30029, appeal from W.D. La. Haynes, J. (Owen, Dennis, Haynes), Bivens claim Affirming in part, affirming the district court’s dismissal of Bivens claim for First Amendment retaliation claims and for due process claims, and affirming the district court’s denial of motions to file surreply briefs and to file amended … More Take the Fifth: June 2-3, 2021 opinions
Unpublished U.S. v. Vasquez, 18-50497, appeal from W.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. McCollum v. Valdez, 19-10729, appeal from N.D. Tex. per curiam (Willett, Ho, Duncan), prisoner suit Dismissing appeal of prisoner’s § 1983 suit as frivolous. U.S. v. Cantu-Saldivar, 20-40187, appeal from S.D. Tex. … More Take the Fifth: May 25, 2021 opinions
Designated for publication Canfield v. Lumpkin, 18-10431, appeal from N.D. Tex. Owen, C.J. (Owen, Higginbotham, Willett), Higginbotham, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming the district court’s denial of petitioner’s habeas claims based on ineffective assistance of counsel for failure to investigate and challenge a juror who displayed partiality during voir dire. The … More Take the Fifth: May 21 and 24, 2021 opinions
Unpublished Mills v. Adams County, Mississippi, 19-60829, appeal from S.D. Miss. per curiam (Wiener, Southwick, Duncan), prisoner suit Dismissing appeal for lack of jurisdiction due to untimely filed notice of appeal. U.S. v. Fernandez, 20-10479, appeal from N.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. … More Take the Fifth: May 13, 2021 opinions
Designated for publication Sanchez v. Smart Fabricators of Texas, LLC, 19-20506, appeal from S.D. Tex. Davis, J. (Owen, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Dennis, J., concurring; Jones Act, maritime law, Longshore and Harbor Worker’s Compensation Act In this en banc decision, a unanimous … More Take the Fifth: May 11, 2021 opinions
Unpublished Coleman v. Groom, 19-11227, appeal from N.D. Tex. per curiam (Higginbotham, Smith, Oldham), § 1983 Dismissing as frivolous district court’s dismissal of claims arising from mercury spill in U.S. Post Office. Thompson v. Sharad, 19-20013, appeal from S.D. Tex. per curiam (Higginbotham, Jones, Costa), prisoner suit Affirming dismissal of suit filed by prisoner arising … More Take the Fifth: May 10, 2021 opinions
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