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

Take the Fifth: April 30, 2021 opinions

Designated for publication Douglas v. Nippon Yusen Kabushiki Kaisha, 20-30379, appeal from E.D. La. per curiam (King, Elrod, Willett), Elrod, J., specially concurring, joined by WIllett, J.; personal jurisdiction Affirming dismissal of two lawsuits against Japanese company that chartered boat that collided with U.S. Navy vessel in Japanese territorial waters, killing seven sailors and injuring … More Take the Fifth: April 30, 2021 opinions

Take the Fifth: April 20, 2021 opinions

Unpublished English v. Aramark Corp., 19-20412, appeal from S.D. Tex. per curiam (Haynes, Graves, Willett), prisoner suit, removal Remanding to district court for the limited purpose of determining if defendant met its burden to show removal jurisdiction existed over state prisoner’s suit against prison food service provider. U.S. v. Vasquez-Garcia, 19-20880, appeal from S.D. Tex. … More Take the Fifth: April 20, 2021 opinions

Take the Fifth: March 8, 2021 opinions

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: Oct. 9, 2020 opinions

U.S. v. Strother, 19-40361, appeal from E.D. Tex., designated for publication Higginson, J. (Higgonbotham, Jones, Higginson), criminal, sentencing, guilty plea Affirming conviction and sentence. Defendant had pled guilty to possession of a firearm by a felon. Thereafter, his counsel successfully moved to withdraw as counsel, and defendant filed a pro se motion to withdraw his … More Take the Fifth: Oct. 9, 2020 opinions