Designated for publication Health Choice Alliance, L.L.C. v. Eli Lilly & Co., 19-40906, appeal from E.D. Tex. Elrod, J., (Higginbotham, Elrod, Haynes), Higginbotham, J., concurring; False Claims Act, qui tam Affirming dismissal of Health Choice entities’ qui tam actions under the False Claims Act, on the United States’ motion to dismiss the actions. The Health … More July 7, 2021 opinions
Designated for publication Goodrich v. U.S., 20-30422, appeal from W.D. La. Stewart, J. (Higginbotham, Stewart, Wilson), tax, successions Certifying questions of Louisiana successions law to Louisiana Supreme Court in order to resolve issue of plaintiffs’ standing to challenge IRS’s levy on the plaintiffs’ father’s succession account. When plaintiffs’ mother died, she left her interest in … More July 6, 2021 opinions
Designated for publication Adeeko v. Garland, 19-60703, petition for review of BIA order Wilson, J. (Clement, Haynes, Wilson), Haynes, J., concurring; immigration Denying petition for review of BIA order affirming IJ’s order of removal of Nigerian citizen after the Department of Homeland Security charged him as being removable upon his conviction of online solicitation of … More July 1, 2021 opinions
Designated for publication U.S. v. Tinney, 20-10849, appeal from N.D. Tex. per curiam (Davis, Duncan, Oldham), criminal, sentencing Affirming 18-month revocation sentence, plus an additional five years of supervised release, for recidivist sexual offender. The Court held that the district court did not commit plain error in mistakenly conflating criminal history score with criminal history … More June 29, 2021 opinions
Designated for publication U.S. v. Norbert, 20-60106, appeal from S.D. Miss. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), en banc, criminal, search and seizure Vacating March 16 panel opinion (Davis, J., joined by Stewart, J.; Oldham, J., dissenting), which had affirmed the district … More June 28, 2021 opinions
Designated for publication Doe v. Mckesson, 17-30864, appeal from M.D. La. per curiam (Jolly, Elrod, Willett), Elrod, J., concurring; negligence On remand from the U.S. Supreme Court, the panel certified questions to the Louisiana Supreme Court. In this suit, the plaintiff police officer had sued the leader of a Black Lives Matter protest in Baton … More June 25, 2021 opinions
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
Take the Fifth 