October 1-4, 2021 opinions

Designated for publication Goldring v. U.S., 20-30723, appeal from E.D. La. Engelhardt, J. (Jones, Southwick, Engelhardt), tax Affirming in part and reversing in part district court’s summary judgment in favor of government dismissing taxpayers’ refund claims in their entirety. In separate litigation, one of the taxpayers had prevailed in a suit to have her stock … More October 1-4, 2021 opinions

September 1-6, 2021 opinions

Designated for publication Rutila v. U.S. DOTD, 20-10730, appeal from N.D. Tex. Smith, J. (Owen, Smith, Graves), Freedom of Information Act Reversing district court’s jurisdictional dismissal of pro se FOIA suit against the FAA and DOTD, and remanding for further proceedings. “The district court reasoned that, because Rutila ‘broadly challenged Defendants’ adequacy of search without … More September 1-6, 2021 opinions

August 11, 2021 opinions

Designated for publication Spikes v. McVea, 19-30019, appeal from E.D. La. Higginbotham, J. (Higginbotham, Smith, Dennis), Smith, J., dissenting; prisoner suit, qualified immunity Affirming district court’s denial of qualified-immunity-based summary judgment in favor of defendant prison medical staff members, on prisoner plaintiff’s claim of an Eighth Amendment violation arising from deliberate indifference for six weeks … More August 11, 2021 opinions

July 8, 2021 opinions

Designated for publication Franco v. Mabe Trucking Co., 19-30316, appeal from W.D. La. Dennis, J. (King, Jones, Dennis), Jones, J., dissenting; timeliness, venue Reversing district court’s dismissal of suit as untimely after venue was transferred under 28 U.S.C. § 1406(a) from Eastern District of Texas to Western District of Louisiana, and remanding for further proceedings. … More July 8, 2021 opinions

June 14, 2021 opinions

Unpublished U.S. v. Gutierrez-Pineda, 19-40947, appeal from S.D. Tex. per curiam (Davis, Elrod, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. Hines, 20-10671, appeal from N.D. Tex. per curiam (Haynes, Graves, Willett), criminal, First Step Act Affirming denial of sentence reduction under the First Step Act. U.S. v. Cardenas, 20-10708, appeal … More June 14, 2021 opinions

June 10, 2021 opinions

Designated for publication Bulkley & Associates, LLC v. Department of Industrial Relations, 20-40020, appeal from E.D. Tex. Willett, J. (Dennis, Higginson, Willett), personal jurisdiction Affirming dismissal of company’s lawsuit against California agency, challenging California agency’s authority to enforce California regulations in Texas, on ground of lack of personal jurisdiction over California agency. California’s Department of … More June 10, 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 14-17, 2021 opinions

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: April 22, 2021 opinions

Designated for publication Aguirre v. City of San Antonio, 17-51031, appeal from W.D. Tex. Dennis, J. (Jolly, Dennis, Higginson), Jolly, J., concurring; Higginson, J., concurring; excessive force, qualified immunity, municipal liability Vacating summary judgment on qualified immunity grounds as to claims against officer defendants for holding arrestee in hog-tied, “maximum restraint” position for five and … More Take the Fifth: April 22, 2021 opinions

Take the Fifth: April 21, 2021 opinions

Designated for publication Thibodeaux v. Sanofi U.S. Services, Inc., 20-30104, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Costa), timeliness, contra non valentem Affirming district court’s summary judgment dismissal of products liability claims regarding permanent hair loss from chemotherapy drug Taxotere, on the basis that the claims were facially prescribed under Louisiana law and that … More Take the Fifth: April 21, 2021 opinions