Tag: prisoner suit

Take the Fifth: March 12, 2021 opinions

March 16, 2021

Designated for publication U.S. v. Nelson, 19-41008, appeal from S.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, search and seizure, Miranda Affirming conviction for conspiracy to possess with intent to distribute 50 kilograms or more of marijuana, on conditional guilty plea reserving right to appeal from district court’s denial of motion to suppress evidence seized … More Take the Fifth: March 12, 2021 opinions

Take the Fifth: March 11, 2021 opinions

March 16, 2021

Designated for publication U.S. v. Fackrell, 18-40598, appeal from E.D. Tex. Stewart, J. (Stewart, Duncan, Wilson), criminal, sentencing, death penalty Affirming convictions and death sentences of co-defendants for first-degree murder of fellow inmate in prison shanking to enforce rules of the Soldiers of Aryan Culture (“SAC”) prison gang. The Court held that the district court … More Take the Fifth: March 11, 2021 opinions

Take the Fifth: March 9, 2021 opinions

March 10, 2021

Designated for publication Williams v. Lockheed Martin Corp., 18-31162, appeal from E.D. La. Owen, C.J. (Owen, Willett, Oldham), federal officer jurisdiction, asbestos, sanctions Denying petition for en banc rehearing, granting petition for panel rehearing, vacating panel opinion, and issuing new decision affirming district court’s denial of motion to remand, summary judgment dismissal of asbestos-exposure claims, … More Take the Fifth: March 9, 2021 opinions

Take the Fifth: March 8, 2021 opinions

March 9, 2021

Designated for publication U.S. v. Masha, 19-20673, appeal from S.D. Tex. Jones, J. (Jones, Clement, Graves), criminal, sufficiency of evidence, sentencing Affirming conviction and sentence on eight counts of false use of a passport under 18 U.S.C. § 1543, and vacating (with government’s acquiescence) conviction and sentence on eight counts of misuse of a passport … More Take the Fifth: March 8, 2021 opinions

Take the Fifth: March 1, 2021 opinions

March 2, 2021

Texas Association of Manufacturers v. U.S. Consumer Product Safety Commission, 17-60836, on petition for review of an order of the CPSC Owen, C.J. (Owen, Southwick, Higginson), administrative law, standing, Administrative Procedures Act Holding that the Consumer Product Safety Commission (“CPSC”) procedurally erred in promulgating a final rule limiting the concentration of 5 phthalates in children’s … More Take the Fifth: March 1, 2021 opinions

Take the Fifth: Feb. 26, 2021 opinions

March 1, 2021

Designated for publication Wickfire, LLC v. Woodruff, 17-50340, appeal from W.D. Tex. Owen, C.J. (Owen, Dennis, Southwick), sufficiency of evidence, jurisdiction, Lanham Act, tortious interference, civil conspiracy Affirming in part and reversing in part district court judgment based on jury verdict on cross-claims between two internet advertising ventures arising from auctions for Google ad placement … More Take the Fifth: Feb. 26, 2021 opinions

Take the Fifth: Feb. 24, 2021 opinions

February 25, 2021

Designated for publication U.S. v. Nora, 18-31078, appeal from E.D. La. Higginson, J. (Higginbotham, Jones, Higginson), criminal, sufficiency of evidence Reversing convictions and vacating sentence on counts of conspiracy to commit health care fraud, conspiracy to pay or receive illegal health care kickbacks, and aiding and abetting health care fraud, on holding that there was … More Take the Fifth: Feb. 24, 2021 opinions

Take the Fifth: Feb. 23, 2021 opinions

February 24, 2021

Designated for publication U.S. v. Dejean, 19-30865, appeal from E.D. La. Duncan, J. (Clement, Ho, Duncan), criminal, juror bias Affirming jury-trial conviction of defendant for mail fraud and making false statements to a bank; rejecting defendant’s argument that district court erred in seating a juror who allegedly was biased against gamblers, where defendant used the … More Take the Fifth: Feb. 23, 2021 opinions

Take the Fifth: Feb. 10 and 11, 2021 opinions

February 12, 2021

Designated for publication Adams v. All Coast, LLC, 19-30907, appeal from W.D. La. Clement, J. (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Reversing summary judgment in favor of employer on employees’ FLSA overtime claims, on holding that district court erred in classifying the employees, who operated cranes on employer’s liftboats, a seamen who … More Take the Fifth: Feb. 10 and 11, 2021 opinions

Take the Fifth: Feb. 9, 2021 opinions

February 11, 2021

Designated for publication Lucio v. Lumpkin, 16-70027, appeal from S.D. Tex. 115 pages of opinions: Oldham, J., plurality op. of Court (joined by Owen, Jones, Smith, Ho, Duncan, Engelhardt, JJ.); Southwick, J., concurring (joined by Costa, Willett, JJ.); Higginbotham, J., dissenting; Elrod, J., dissenting (joined by Higginson, J.); Haynes, J., dissenting (joined by Higginbotham, Stewart, … More Take the Fifth: Feb. 9, 2021 opinions