October 8, 2021 opinions

Unpublished Planned Parenthood Southeast, Inc. v. Snyder, 16-60773, appeal from S.D. Miss. per curiam (Owen, Dennis, Willett), abortion law Granting joint motion to dismiss appeal as moot, and remanding to district court to dismiss plaintiffs’ complaint for lack of jurisdiction. Blessit v. Texas Office of the Attorney General Galveston County Child Support Enforcement Division, 20-40135, … More October 8, 2021 opinions

October 6, 2021 opinions

Designated for publication U.S. v. Gardner, 20-50481, appeal from W.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), criminal, guilty plea Vacating conviction for possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, and remanding for district court to hold an evidentiary hearing on defendant’s motion to withdraw his guilty plea. … More October 6, 2021 opinions

September 10, 2021 opinions

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

September 7-9, 2021 opinions

Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, severance, Batson challenge, sufficiency of evidence, sentencing, First Step Act Granting government’s petition for panel rehearing of May 18, 2021 opinion; withdrawing previous panel opinion and substituting new one; denying defendants’ petition for panel rehearing and for rehearing … More September 7-9, 2021 opinions

August 23, 2021 opinions

Designated for publication U.S. v. Moparty, 19-20797, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Costa), criminal, sentencing, sufficiency of evidence, harmless error Affirming convictions and sentences of co-defendants for health care fraud, conspiracy to commit health care fraud, and money laundering. One co-defendant (Moparty) was sentenced to 108 months’ imprisonment; the other (Narang) was … More August 23, 2021 opinions

July 30, 2021 opinions

Designated for publication Sanchez Oil & Gas Corp. v. Crescent Drilling & Production, Inc., 20-20304, appeal from S. D. Tex. Jones, J. (Jones, Clement, Graves), Fair Labor Standards Act, indemnification Reversing summary judgment in favor of defendant on plaintiff’s claim for indemnification for FLSA liability to subcontractor, finding existence of material fact as to whether … More July 30, 2021 opinions

July 15, 2021 opinions

Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), abortion law, § 1983, sovereign immunity Affirming in part and reversing in part district court’s denial of motion to dismiss on sovereign immunity grounds suit by Planned Parenthood against the director of the Louisiana Department … More July 15, 2021 opinions

June 28, 2021 opinions

Designated for publication U.S. v. Norbert, 20-60106, appeal from S.D. Miss. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), en banc, criminal, search and seizure Vacating March 16 panel opinion (Davis, J., joined by Stewart, J.; Oldham, J., dissenting), which had affirmed the district … More June 28, 2021 opinions

June 8-9, 2021 opinions

Designated for publication Midwestern Cattle Marketing, LLC v. Legend Bank, N.A., 20-10663, appeal from N.D. Tex. Barker, J., by desig. (Smith, Ho, Barker), decretal language, summary judgment Affirming the summary judgment entered by the district court on remand from prior appeal in matter. The Court rejected plaintiff’s argument that an unjust enrichment claim was still … More June 8-9, 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