June 1-3, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions

May 9, 2022, opinions

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication U.S. v. Tucker, 21-30194, appeal from M.D. La. Willett, J. (Willett, Engelhardt, Wilson), criminal Reversing conviction of three counts of making false statements … More May 9, 2022, opinions

April 6-7, 2022, opinions

Designated for publication Seguin v. Remington Arms Co., 17-30499, appeal from E.D. La. Southwick, J. (Owen, Dennis, Southwick), Dennis, J., dissenting; product liability After Louisiana Supreme Court declined certified question on the issue, reversing summary judgment in favor of plaintiff in design-defect claim under the Louisiana Product Liability Act (“LPLA”) against firearm manufacturer after accidental … More April 6-7, 2022, opinions

March 10-11, 2022, opinions

Designated for publication Fakhuri v. Garland, 19-60275, petition for review of BIA order Smith, J. (Smith, Costa, Wilson), immigration Denying in part and dismissing in part Jordanian citizen’s (and legal permanent resident’s) petition for review of BIA order sustaining IJ’s determination that Tennessee conviction of money laundering was an “aggravated felony” supporting removal, on basis … More March 10-11, 2022, opinions

February 10, 2022, opinions

Designated for publication Earnest v. Sanofi U.S. Services, Inc., 20-30184, appeal from E.D. La. Wilson, J. (Ho, Oldham, Wilson), products liability, expert witness Reversing district court’s judgment in favor of manufacturer of chemotherapy drug in products liability case arising from allegations of permanent hair loss, on basis that the district court erroneously allowed defendant to … More February 10, 2022, opinions

January 11-14, 2022, opinions

Designated for publication Williams v. Boeing Co., 18-31158, appeal from E.D. La. Southwick, J. (Southwick, Graves, Engelhardt), personal tort, multi-district litigation Reversing in part final judgment entered in mesothelioma case by district court in Louisiana after summary judgment by MDL court in Pennsylvania, and remanded for further proceedings. The Court held that the MDL district … More January 11-14, 2022, opinions

January 6, 2022, opinions

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

December 20-29, 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

October 18, 2021, opinions

Unpublished Naquin v. Medtronic, Inc., 20-30793, appeal from E.D. La. per curiam (Davis, Elrod, Oldham), product liability Affirming dismissal of plaintiff’s product liability claims against manufacturer of implantable cardia defibrillator. Rosales-Santos v. Garland, 20-60189, petition for review of BIA order per curiam (Wiener, Dennis, Haynes), immigration Dismissing in part and denying in part petition for … More October 18, 2021, opinions

September 27-28, 2021 opinions

Designated for publication Rodriguez v. Garland, 20-60008, petition for appeal pf BIA order Higginbotham, J. (Higginbotham, Willett, Duncan), immigration Granting Uruguayan citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of his motion to reopen removal proceedings and rescind his absentia removal order, and remanding for further proceedings consistent with Niz-Chavez v. … More September 27-28, 2021 opinions