September 29, 2021 opinions

Designated for publication Johnson v. BOKF National Association, 18-11375, appeal from N.D. Tex. Dennis, J. (Higginbotham, Dennis, Ho), Ho, J., concurring in judgment only; banking law Affirming district court’s dismissal of putative class action against bank alleging that extended overdraft charges were usurious interest under the National Bank Act, for failure to state a claim. … More September 29, 2021 opinions

August 25, 2021 opinions

Designated for publication Jennings v. Towers Watson, 19-11028, appeal from N.D. Tex. Higginson, J. (King, Higginson, Wilson), Title VII, employment discrimination, Americans with Disabilities Act Affirming summary judgment in favor of former-employer defendant on plaintiff’s claims for state-law civil conspiracy, hostile work environment under Title VII and the ADA, disability discrimination under the ADA, racial … More August 25, 2021 opinions

August 13, 2021 opinions

Designated for publication Hernandez v. Garland, 19-60274, petition for review of BIA order Jones, J. (Jones, Costa, Duncan), Costa, J., dissenting; immigration Denying Salvadoran citizen’s petition for review of BIA order denying motion to reconsider prior order of removal or alternatively to reopen proceedings. BIA deemed the motion as a motion to reconsider, concluded that … More August 13, 2021 opinions

July 22, 2021 opinions

Unpublished Bowling v. Willis, 19-40914, appeal from E.D. Tex. per curiam (Jones, Barksdale, Stewart), vexatious litigant Dismissing appeal in part, and affirming in part, district court’s declaration of plaintiff as a vexatious litigant and issuance of a pre-filing injunction requiring court approval prior to any filings. U.S. v. Herrera, 20-10720, appeal from N.D. Tex. per … More July 22, 2021 opinions

Take the Fifth: June 7, 2021 opinions

Unpublished Brown v. Orleans Parish Sheriff Office, 19-30922, appeal from E.D. La. per curiam (Jones, Costa, Wilson), prisoner suit Dismissing as frivolous appeal from district court’s dismissal of suit alleging that he is illegally confined. U.S. v. O’Donnell, 20-10238, appeal from N.D. Tex. per curiam (Smith, Stewart, Higginson), criminal Granting Anders motion to withdraw, and … More Take the Fifth: June 7, 2021 opinions

Take the Fifth: May 6 and 7, 2021 opinions

Designated for publication U.S. v. Gas Pipe, Inc., 19-11145, appeal from N.D. Tex. Higginson, J. (Haynes, Higginson, Oldham), criminal, sufficiency of evidence, fraud, sentencing Affirming conviction for conspiracy to defraud the United Stated for defrauding the FDA by mislabeling or selling synthetic cannabinoids marked as “not meant for human consumption” as “spice” for smoking; and … More Take the Fifth: May 6 and 7, 2021 opinions

Take the Fifth: May 3, 2021 opinions

Designated for publication White v. U.S. Corrections, LLC, 19-51074, appeal from W.D. Tex. Wilson, J. (Elrod, Duncan, Wilson), Fair Labor Standards Act Reversing district court’s 12(b)(6) dismissal of plaintiff’s overtime claim under the FLSA, holding that, while the Motor Carrier Act (“MCA”) exemption from the FLSA governed the plaintiff’s job transporting prisoners for the defendant, … More Take the Fifth: May 3, 2021 opinions

Take the Fifth: April 12, 2021 opinions

Designated for publication Hutcheson v. Dallas County, Texas, 20-10383, appeal from N.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), excessive force, qualified immunity Affirming summary judgment dismissal of plaintiffs’ excessive force and failure to train claims on qualified immunity grounds, in claims arising from officers’ restraint of victim at county jail as victim was actively resisting … More Take the Fifth: April 12, 2021 opinions

Take the Fifth: Jan. 22, 2021 opinions

Designated foro publication U.S. v. Warren, 19-10805, appeal from N.D. Tex. Willett, J. (Wiener, Costa, Willett), criminal, fraud, sufficiency of evidence, sentencing Affirming conviction and sentence of 114 months and 102 months for two defendants on eight counts arising from fraudulent telemarketing scam to ostensibly cancel timeshares. The Court held that there was sufficient evidence … More Take the Fifth: Jan. 22, 2021 opinions

Take the Fifth: Oct. 9, 2020 opinions

U.S. v. Strother, 19-40361, appeal from E.D. Tex., designated for publication Higginson, J. (Higgonbotham, Jones, Higginson), criminal, sentencing, guilty plea Affirming conviction and sentence. Defendant had pled guilty to possession of a firearm by a felon. Thereafter, his counsel successfully moved to withdraw as counsel, and defendant filed a pro se motion to withdraw his … More Take the Fifth: Oct. 9, 2020 opinions