Tag: Rule 60(B)

July 14, 2022, opinions

July 15, 2022

Designated for publication Fairchild v. Coryell County, 20-50237, appeal from W.D. Tex. Costa, J. (Jolly, Southwick, Costa), excessive force, qualified immunity Reversing summary judgment in favor of jailer defendants and county on plaintiffs’ excessive force claims arising from the jailers’ forceful pinning of a pretrial detainee to the floor of her cell until she died, … More July 14, 2022, opinions

July 12, 2022, opinions

July 13, 2022

Designated for publication Securities and Exchange Commission v. Novinger, 21-10985, appeal from N.D. Tex. Stewart, J. (Jones, Stewart, Duncan); Jones, J., concurring (joined by Duncan, J.); Rule 60(b); First Amendment Affirming denial of Rule 60(b) motion filed five years after consent judgment, where defendant challenged the “no-deny” provision of its settlement of an SEC civil … More July 12, 2022, opinions

June 30, 2022, opinions

July 5, 2022

Designated for publication South Central Houston Action Council v. Oak Baptist Church, 21-20559, appeal from S.D. Tex. Jones, J. (Jones, Elrod, Higginson), bankruptcy, magistrate jurisdiction Vacating affirmance of summary judgment entered by bankruptcy court, where on appeal to district court the district court had referred the bankruptcy appeal to a magistrate with the parties’ consent. … More June 30, 2022, opinions

June 7-12, 2022, opinions

June 14, 2022

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La.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

January 6, 2022, opinions

January 7, 2022

Designated for publication Seguin v. Remington Arms Co., 17-30499, appeal from E.D. La. Southwick, J. (Owen, Dennis, Southwick), Dennis, J., dissenting; products liability, jurisdiction Certifying question to the Louisiana Supreme Court of whether plaintiff’s products liability claim against gun manufacturer arising from injury from accidental discharge of her father’s hunting rifle on a hunting trip … More January 6, 2022, opinions

June 24, 2021 opinions

June 25, 2021

Unpublished Creuzot v. Green, 19-10864, appeal from N.D. Tex. per curiam (Clement, Higginson, Engelhardt), appellate jurisdiction Dismissing appeal for lack of jurisdiction, where appellant timely appealed from a merits judgment under the Anti-Cybersquatting Consumer Protection Act, which was separate from a later-issued fee award judgment, but appellant only briefed the fee-award issue that was not … More June 24, 2021 opinions

June 18 and 21, 2021 opinions

June 22, 2021

Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions