August 26-31, 2022, opinions

(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Unpublished

August 15, 2022, opinions

(While I was on vacation/college-touring around the Northeast, then dealing with the Covid gathered from somewhere in the Northeast, I tracked 5th Circuit opinions for purposes of the gathering of opinion statistics from July 20 through August 12, but those opinions are not summarized here. So, picking back up with August 15 …) Designated for … More August 15, 2022, opinions

July 19, 2022, opinions

Designated for publication Gulfport Energy Corp. v. Federal Energy Regulatory Commission, 21-60017, c/w 21-60200 (petition for review of FERC orders) Smith, J. (Davis, Smith, Engelhardt), bankruptcy, standing, administrative law Granting petition for review of FERC orders, and vacating the orders, which sought to bind the petitioner to continue performing its gas transit contracts even if … More July 19, 2022, opinions

July 12, 2022, opinions

Designated for publication Securities and Exchange Commission v. Novinger, 21-10985, appeal from N.D. Tex. Stewart, J. (Jones, Stewart, Duncan); Jones, J., concurring (joined by Duncan, J.); Rule 60(b); First Amendment Affirming denial of Rule 60(b) motion filed five years after consent judgment, where defendant challenged the “no-deny” provision of its settlement of an SEC civil … More July 12, 2022, opinions

July 1-5, 2022, opinions

Designated for publication Guijarro v. Enterprise Holdings, Inc., 21-40512, appeal from S.D. Tex. Costa, J. (Richman, Costa, Ho), personal tort Affirming denial of remand to state court, and dismissal of claims against car rental company arising from car accident involving Jeep rented to plaintiffs by defendant. As to removal jurisdiction, the Court held first that … More July 1-5, 2022, opinions

June 20-28, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Whole Woman’s Health v. Young, 18-50730, appeal from W.D. Tex. per curiam (Barksdale, Stewart, Costa), abortion law Vacating injunction of Texas law regarding disposal of embryonic and fetal tissue after … More June 20-28, 2022, opinions

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

February 23-28, 2022, opinions

Designated for publication Continental Automotive Systems, Inc. v. Avanci, L.L.C., 20-11032, appeal from N.D. Tex. Stewart, J. (Stewart, Ho, Engelhardt); Ho, J., constructively dissenting; antitrust law, standing Vacating 12(b)(6) dismissal of automotive parts supplier’s antitrust claim against patent licensing agent for group of standard-essential patent holders of cellular-connectivity technologies, and remanding to district court with … More February 23-28, 2022, opinions

February 14, 2022, opinions

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

January 11-14, 2022, opinions

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