August 4, 2021 opinions

Air Evac EMS, Inc. v. Sullivan, 18-50722, appeal from W.D. Tex. Ho, J. (Stewart, Clement, Ho), preemption Affirming summary judgment in favor of plaintiff, to enjoin enforcement of provisions of the Texas Workers’ Compensation Act that put caps on the amount insurers must pay providers of emergency air transport services, on the basis that the … More August 4, 2021 opinions

June 28, 2021 opinions

Designated for publication U.S. v. Norbert, 20-60106, appeal from S.D. Miss. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), en banc, criminal, search and seizure Vacating March 16 panel opinion (Davis, J., joined by Stewart, J.; Oldham, J., dissenting), which had affirmed the district … More June 28, 2021 opinions

Take the Fifth: April 28, 2021 opinions

Designated for publication U.S. v. Onyeri, 18-50869, appeal from W.D. Tex. Clement, J. (Owen, Clement, Higginson), criminal, RICO, search and seizure Affirming RICO conviction for pattern of criminal activity culminating in attempted assassination attempt on state judge. The Court held that the district court did not err in denying a motion to suppress evidence from … More Take the Fifth: April 28, 2021 opinions

Take the Fifth: Dec. 21-24 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