June 16-17, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Durbois v. Deutsche Bank National Trust Co., 20-11082, appeal from N.D. Tex. Oldham, J. (Jolly, Haynes, Oldham), foreclosure, diversity jurisdiction Reversing district court’s dismissal of homeowner’s suit arising from the … More June 16-17, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La.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

May 13, 2022, opinions

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Owens v. Circassia Pharmaceuticals, Inc., 21-10760, appeal from N.D. Tex. Engelhardt, J. (Willett, Engelhardt, Wilson), employment discrimination Affirming summary judgment for employer in … More May 13, 2022, opinions

May 10, 2022, opinions

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Springboards to Education, Inc. v. Pharr-San Juan-Alamo Independent School District, 21-40336, appeal from S.D. Tex. Engelhardt, J. (Willett, Engelhardt, Wilson), trademark infringement Affirming … More May 10, 2022, opinions

March 1-4, 2022, opinions

Designated for publication Collins v. Yellen, 17-20364, appeal from S.D. Tex. per curiam (joined by Owen, Jones, Smith, Elrod, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J., dissenting, joined by Stewart, Dennis, Graves, Costa, JJ.); separation of powers After partial vacatur and remand by U.S. Supreme Court of en banc decision at … More March 1-4, 2022, opinions

February 11, 2022, opinions

Designated for publication B.A. Kelly Land Co. v. Aethon Energy Operating, L.L.C., 20-30090, appeal from W.D. La. Dennis, J. (Higginbotham, Smith, Dennis), mineral law Reversing in part, rendering in part, vacating in part, and affirming in part district court’s summary judgment in favor of defendant operator of two oil and gas production units and denial … More February 11, 2022, opinions

February 4-7, 2022, opinions

Designated for publication U.S. v. Bates, 19-10813, appeal from N.D. Tex. per curiam (King, Graves, Willett), criminal, sentencing, Armed Career Criminals Act On remand from the U.S. Supreme Court, vacating and remanding for resentencing. The Court held that, under Borden v. United States, 141 S. Ct. 1817 (2021), the Texas crime of assault of a … More February 4-7, 2022, opinions

February 1, 2022, opinions

Designated for publication U.S. v. Martinez, 21-30068, appeal from W.D. La. Davis, J. (Davis, Jones, Elrod), criminal, search and seizure Affirming denial of motion to suppress evidence seized from USPS packages; defendant had argued that reasonable suspicion did not exist to detain the packages, and that the 17-day delay between their detention and the search … More February 1, 2022, opinions

January 24-25, 2022, opinions

Designated for publication U.S. v. Garrett, 17-10516, appeal from N.D. Tex. Jolly, J. (Jolly, Jones, Southwick), criminal, sentencing, Armed Career Criminal Act On remand from the U.S. Supreme Court, reinstating prior judgment reversing imposition of a lesser sentence not enhanced under the ACCA and remanding for resentencing. The panel had previously held that a prior … More January 24-25, 2022, opinions

December 30, 2021, opinions

Designated for publication U.S. v. Meals, 20-40752, appeal from S.D. Tex. Jones, J. (Owen, Jones, Wilson), criminal, search and seizure Affirming conviction for production and possession of child pornography, on finding that Facebook did not act as a government agent when it sent a tip about the defendant’s Messenger exchange with a 15-year-old to the … More December 30, 2021, opinions