Take the Fifth: Feb. 5, 2021 opinions

Unpublished U.S. v. Taylor, 19-10261, appeal from N.D. Tex. Higginson, J. (Stewart, Higginson, Wilson), criminal, sentencing Affirming above-guidelines sentence following guilty plea to one count of attempted bank robbery and one count of using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence. U.S. v. Valdez, 19-11158, appeal from … More Take the Fifth: Feb. 5, 2021 opinions

Take the Fifth: Jan. 19, 2021 opinions

Designated for publication Brown v. Tarrant County, Texas, 19-10594, appeal from N.D. Tex. Duncan, J. (Clement, Ho, Duncan), § 1983, qualified immunity Affirming dismissal of civilly committed violent sex offender’s § 1983 claims against county and sheriff for a 20-day confinement in the county jail during which he did not receive his sex-offender treatment. The … More Take the Fifth: Jan. 19, 2021 opinions

Take the Fifth: Dec. 18, 2020 opinions

Designated for publication McMillan v. Amazon.com, Inc., 20-20108, appeal from S.D. Tex. Willett, J. (Wiener, Costa, Willett), products liability, certification Certifying question to the Texas Supreme Court whether an e-tailer such as Amazon is a “seller” liable under Texas’s products liability statute for products sold on its website by third-party vendors. The district court had … More Take the Fifth: Dec. 18, 2020 opinions

Take the Fifth: Nov. 13, 2020 opinions

Designated for publication U.S. v. Batiste, 19-30927, appeal from E.D. La. Engelhardt, J., (Graves, Costa, Engelhardt), criminal, sentencing, First Step Act Affirming in part sentence of imprisonment and denial of sentence-reduction under the First Step Act, but remanding in part the portion of the sentence regarding the term of supervised release for the district court … More Take the Fifth: Nov. 13, 2020 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 7, 2020 opinions

U.S. v. Omigie, 19-40526, appeal from E.D. Tex., designated for publication Higginbotham, J. (Higginbotham, Jones, Higginson), criminal, sentencing, guilty plea, forfeiture, supervised release Affirming conviction, remanding for determination of whether supervised release condition is consistent with oral pronouncement of court. Court held there was no plain error in the district court’s informing the defendant of … More Take the Fifth: Oct. 7, 2020 opinions