Designated for publication Williams v. Boeing Co., 18-31158, appeal from E.D. La. Southwick, J. (Southwick, Graves, Engelhardt), personal tort, multi-district litigation Reversing in part final judgment entered in mesothelioma case by district court in Louisiana after summary judgment by MDL court in Pennsylvania, and remanded for further proceedings. The Court held that the MDL district … More January 11-14, 2022, opinions
Designated for publication Coleman v. BP Exploration & Production, Inc., 20-40811, appeal from S.D. Tex. Willett, J. (Higginbotham, Willett, Duncan), negligence, independent contractor Affirming summary judgment dismissal of claims against project management company (BP) and against day-to-day management company (Grand Isle Shipping), on claims of employee of scaffolding subcontractor arising from plaintiff’s back injury received … More November 22-29, 2021, opinions
Designated for publication Houston v. Texas Department of Agriculture, 20-20591, appeal from S.D. Tex. Higginson, J. (King, Higginson, Wilson), retaliation, Family and Medical Leave Act, Rehabilitation Act Affirming summary judgment dismissal of plaintiff’s claims of retaliation for exercising rights under the Family and Medical Leave Act and for discrimination under the Rehabilitation Act. The Court … More November 5-6, 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
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
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
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
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
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
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
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