July 8, 2022, opinions

Designated for publication U.S. v. Kelley, 20-30436, appeal from W.D. La. Elrod, J. (King, Elrod, Southwick), habeas corpus Vacating district court’s denial of habeas relief on petitioner’s § 2255 petition, holding that the Supreme Court’s decision in Rehaif v. United States, 139 S. Ct. 2191, 219 (2019), that knowledge of felony status is an essential … More July 8, 2022, opinions

July 7, 2022, opinions

Designated for publication Glenn v. Tyson Foods, Inc., 21-40622, c/w Chavez v. Tyson Foods, Inc., 21-11110, appeals from E.D. Tex. and N.D. Tex. Willett, J. (Willett, Engelhardt, Wilson), federal officer jurisdiction, removal Affirming district courts’ remand orders for claims against Tyson Foods arising from its decision to keep its poultry processing plants open during the … More July 7, 2022, opinions

June 7-12, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La. Higginbotham, J. (Higginbotham, Costa, Oldham), Oldham, J., dissenting; qualified immunity Affirming in part and reversing in part denial of qualified immunity for … More June 7-12, 2022, opinions

April 27, 2022, opinions

Designated for publication Edwards Family Partnership, L.P. v. Johnson, 20-61011, appeal from S.D. Miss. Higginson, J. (Dennis, Higginson, Costa), bankruptcy Affirming in part, reversing in part, and remanding from district court’s order reversing in part and affirming in part the bankruptcy court’s orders arising from $17.8 million claimed by companies controlled by Dr. Charles Edwards … More April 27, 2022, opinions

March 19-31, 2022, opinions

(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions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

October 15, 2021, opinions

Designated for publication Butler v. Denka Performance Elastomer, L.L.C., 20-30365, appeal from E.D. La. Higginson, J. (Haynes, Higginson, Oldham), Haynes, J., dissenting in part; Oldham, J., dissenting in part; toxic tort, removal Affirming the district court’s denial of plaintiff’s motion to remand this CAFA-removed toxic tort suit; reversing 12(b)(6) dismissal of plaintiff’s claims against former … More October 15, 2021, opinions

October 1-4, 2021 opinions

Designated for publication Goldring v. U.S., 20-30723, appeal from E.D. La. Engelhardt, J. (Jones, Southwick, Engelhardt), tax Affirming in part and reversing in part district court’s summary judgment in favor of government dismissing taxpayers’ refund claims in their entirety. In separate litigation, one of the taxpayers had prevailed in a suit to have her stock … More October 1-4, 2021 opinions

August 24, 2021 opinions

Designated for publication U.S. v. Sims, 19-20833, appeal from S.D. Tex. Davis, J. (Davis, Haynes, Oldham), criminal, sentencing, sufficiency of evidence Affirming conviction of defendant on sex trafficking a minor and conspiracy to sex traffic a minor, and imposition of life sentence; holding that there was sufficient evidence to support conviction, that district court did … More August 24, 2021 opinions

August 5, 2021 opinions

Designated for publication Parish of Plaquemines v. Chevron USA, Inc., 19-30492, appeal from E.D. La.; c/w Parish of Cameron v. BP America Production Co., 19-30829, appeal from W.D. La. Ho, J. (Ho, Engelhardt, Oldham), removal Granting panel rehearing, withdrawing original panel opinion, denying en banc rehearing; affirming in part, reversing in part, and remanding for … More August 5, 2021 opinions