Designated for publication Playa Vista Conroe, a Condominium Association v. Insurance Co. of the West, 20-20307, appeal from S.D. Tex. Oldham, J. (Higginbotham, Costa, Oldham), insurance Affirming summary judgment holding insurer liable for coverage of Hurricane Harvey damage to boat slips suffered by condo association when the Lake Conroe Dam was opened by the San … More Take the Fifth: March 5, 2021 opinions
Designated for publication U.S. v. Johnson, 19-30921, appeal from W.D. La. Dennis, J. (Dennis, Higginson, Willett), criminal, sufficiency of evidence, due process, sentencing Affirming convictions of co-defendants for the armed robbery of two banks and one credit union and with related firearms offenses and sentences of 498 months for one defendant and 339 months for … More Take the Fifth: March 3, 2021 opinions
Designated for publication Daves v. Dallas County, Texas, 18-11368, appeal from N.D. Tex. per curiam (en banc court, except for Oldham, J., recused), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Voting to rehear en banc this matter where, on December 28, 2020, the panel of Judges Southwick, Graves, and Engelhardt (Southwick, J., authoring) affirmed … More Take the Fifth: Feb. 25, 2021 opinions
Designated for publication DM Arbor Court, Ltd. v. City of Houston, 20-20194, appeal from S.D. Tex. Costa, J. (Davis, Southwick, Costa), ripeness Vacating district court’s dismissal of suit on ripeness grounds, and remanding for further proceedings. Plaintiff had brought suit challenging the refusal by the City to grant permits for repairs to apartments that had … More Take the Fifth: Feb. 11 and 12, 2021 opinion
Designated for publication U.S. v. Medel-Guadalupe, 19-40901, appeal from S.D. Tex. per curiam (Jones, Haynes, Ho), criminal, sentencing, supervised release Withdrawing opinion issued on Oct. 27, 2020, and entering new opinion, affirming sentence of 120 months’ imprisonment and three years’ supervised release for guilty plea to one count of harboring illegal aliens, and consecutive sentence … More Take the Fifth: Feb. 8, 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Unpublished U.S. v. Taylor, 19-10261, appeal from N.D. Tex.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
Designated for publication Gonzalez v. CoreCivic, Inc., 19-50691, appeal from W.D. Tex. Ho, J. (Smith, Ho, Oldham), Ho, J., additionally concurring, Oldham, J., dissenting; Trafficking Victims Protection Act Affirming district court’s denial of defendant’s motion to dismiss claim by immigrant detainee in its facility who brought claims that defendant’s work program was involuntary and a … More Take the Fifth: Jan. 20, 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
Designated for publication Taylor v. Stevens, 17-10253, appeal from N.D. Tex. per curiam (Owen, Jones, Smith), qualified immunity, § 1983, Eighth Amendment On remand from the Supreme Court, vacating its earlier decision reversing in part and remanding dismissal of Eighth Amendment conditions-of-confinement claims on qualified immunity grounds, and remanding case in its entirety. Texas v. … More Take the Fifth: Dec. 21-24 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 