Tag: securities law

March 13-14, 2023, opinions

March 15, 2023

Designated for publication Willett, J. (Graves, Willett, Engelhardt), insurance, preemption, sovereign immunity, standing Affirming dismissal of former federal employee’s claim against health insurer and federal Office of Personnel Management arising from the denial of coverage for proton therapy for cancer; district court had dismissed claims against OPM under sovereign immunity, and against Blue Cross on … More March 13-14, 2023, opinions

February 6, 2023, opinion

February 7, 2023

Designated for publication per curiam (Richman, King, Higginson), prisoner suit, Eighth Amendment, qualified immunity Reversing in part, affirming in part, and remanding from district court’s summary judgment dismissal of Texas state inmate’s pro se First and Eighth Amendment claims against officials at the Texas Department of Criminal Justice arising out of a housing transfer and … More February 6, 2023, opinion

February 1, 2023, opinions

February 2, 2023

Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions

January 18-19, 2023, opinions

January 20, 2023

Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions

October 21, 2022, opinions

October 24, 2022

Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson); Haynes, J., dissenting from denial of rehearing en banc (joined by Stewart, Dennis, Graves, Higginson, JJ.); securities law, separation of powers On a 10-6 vote, denying en banc rehearing of May 18, 2022, panel … More October 21, 2022, opinions

February 14, 2022, opinions

February 16, 2022

Designated for publication McFarland v. Lumpkin, 19-70011, appeal from S.D. Tex. per curiam (Higginbotham, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Brady claim, Sixth Amendment Affirming denial of habeas relief, after having granted COA on denial of claims of ineffective assistance of counsel, Brady violation, and Sixth Amendment violation. Reminiscent of the original panel … More February 14, 2022, opinions

October 12, 2021 opinions

October 13, 2021

Designated for publication Securities and Exchange Commission v. Blackburn, 20-30464, appeal from E.D. La. Costa, J. (Dennis, Higginson, Costa), securities law Affirming the district court’s summary judgment in favor of the SEC against three defendants for selling unregistered securities and misleading investors in operating a penny stock company, and affirming remedy of disgorgement of defendants’ … More October 12, 2021 opinions

September 10, 2021 opinions

September 13, 2021

Designated for publication Barilla v. City of Houston, 20-20535, appeal from S.D. Tex. Higginson, J. (Owen, Clement, Higginson), First Amendment, standing Reversing district court’s dismissal on grounds of lack of standing of First Amendment suit by plaintiff, an accordionist and would-be busker, challenging Houston ordinances that restrict busking. Plaintiff alleges “that but for the Busking … More September 10, 2021 opinions

Take the Fifth: May 14-17, 2021 opinions

May 18, 2021

Designated for publication Lillie v. Office of Financial Institutions State of Louisiana, 19-30705, appeal from M.D. La. Smith, J. (Smith, Graves, Ho), securities law Affirming denial of continuance for further discovery and grant of summary judgment to defendants (“SEI”) that were associated with Stanford International Bank, Ltd. in Robert Stanford’s Ponzi scheme, based on conclusion … More Take the Fifth: May 14-17, 2021 opinions

Take the Fifth: March 29-31, 2021 opinions

April 3, 2021

Designated for publication U.S. v. Burney, 20-10529, appeal from N.D. Tex. Smith, J. (King, Smith, Haynes), criminal, sentencing Affirming 60-month sentence on guilty plea to wire fraud. The presentence report recommended a guideline range of 12-18 months, “[b]ased on the severity of the offense, Burney’s acceptance of responsibility, and his criminal history,” but the district … More Take the Fifth: March 29-31, 2021 opinions