Tag: restitution

Take the Fifth: April 6 and 7, 2021 opinions

April 12, 2021

Brackeen v. Haaland, 18-11479, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Wiener, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham), Indian Child Welfare Act, standing, Administrative Procedures Act No one principal opinion commanded a majority of the en banc Court as to the constitutionality of the Indian Child Welfare … More Take the Fifth: April 6 and 7, 2021 opinions

Take the Fifth: March 15, 2021 opinions

March 17, 2021

Designated for publication U.S. v. Dubin, 19-50912, appeal from W.D. Tex. per curiam (En banc), criminal, fraud, sufficiency of evidence, timeliness, restitution, sentencing Ordering case to be reheard en banc, vacating December 4 panel opinion (Barksdale, Elrod, Ho; Elrod, concurring) that affirmed conviction and sentence for defendants’ charged scheme to defraud Texas’s Medicaid program. Jones v. Michaels Stores, Inc., … More Take the Fifth: March 15, 2021 opinions

Take the Fifth: Feb. 19, 2021 opinions

February 22, 2021

Designated for publication U.S. v. Kim, 18-51024, appeal from W.D. Tex. Dennis, J. (Dennis, Southwick, Ho), criminal, sentencing, restitution Vacating restitution order and remanding for redetermination, but dismissing appeal regarding application of sentencing enhancement as barred by the guilty-plea appeal waiver. Defendant pled guilty to one count of criminal copyright infringement; the district court sentenced … More Take the Fifth: Feb. 19, 2021 opinions

Take the Fifth: Feb. 17, 2021 opinions

February 18, 2021

Designated for publication Echeverry v. Jazz Casino Co., 20-30038, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Wilson), negligence, damages, sufficiency of evidence On petition for rehearing, withdrawing January 11 panel opinion and replacing with new opinion with same outcome: Affirming district court’s denial of defendant’s motion for judgment as a matter of law and … More Take the Fifth: Feb. 17, 2021 opinions

Take the Fifth: Jan. 21, 2021 opinions

January 22, 2021

Designated for publication U.S. v. Whitehead, 19-11275, appeal from N.D. Tex. Higginson, J. (Clement, Higginson, Engelhardt), criminal, First Step Act Affirming district court’s denial of resentencing of defendant under the First Step Act, who had been sentenced originally in 2007 to a mandatory life sentence for possession with intent to distribute more than 50 grams … More Take the Fifth: Jan. 21, 2021 opinions

Take the Fifth: Dec. 17, 2020 opinions

December 18, 2020

Designated for publication Knight v. Kirby Offshore Marine Pacific, LLC, 19-30756, appeal from E.D. La. Barksdale, J. (Barksdale, Elrod, Ho); Ho., J., concurring; Elrod, J., dissenting; Jones Act, contributory negligence Affirming in part and vacating in part district court judgment that defendant employer was negligent for vessel captain ordering seaman plaintiff to replace stern line … More Take the Fifth: Dec. 17, 2020 opinions

Take the Fifth: Dec. 4, 2020 opinions

December 8, 2020

Designated for publication Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions

Take the Fifth: Dec. 3, 2020 opinions

December 4, 2020

Designated for pulication Future Proof Brands, LLC v. Molson Coors Beverage Co., 20-50323, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), trademark infringement, intellectual property, preliminary injunction Affirming district court’s denial of preliminary injunction sought by plaintiff, who sued defendant for trademark infringement of plaintiff’s “brizzy” brand of hard seltzer product by defendant’s “vizzy” … More Take the Fifth: Dec. 3, 2020 opinions