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

Take the Fifth: March 18, 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; negligence, timeliness, transfer of venue Reversing summary judgment in favor of defendant in car-wreck case on grounds of timeliness/prescription, and remanding for further proceedings. This suit arose from a wreck that happened in Louisiana … More Take the Fifth: March 18, 2021 opinions

Take the Fifth: March 15, 2021 opinions

Designated for publication U.S. v. Dubin, 19-50912, appeal from W.D. Tex. per curiam (En banc), criminal, fraud, sufficiency of evidence, timeliness, restitution, sentencing Ordering case to be reheard en banc, vacating December 4 panel opinion (Barksdale, Elrod, Ho; Elrod, concurring) that affirmed conviction and sentence for defendants’ charged scheme to defraud Texas’s Medicaid program. Jones v. Michaels Stores, Inc., … More Take the Fifth: March 15, 2021 opinions

Take the Fifth: Feb. 3, 2021 opinions

Designated for publication Official Stanford Investors Committee v. Trustmark National Bank, 19-11131, appeal from N.D. Tex. Southwick, J. (Owen, Davis, Southwick), intervention Affirming the denial of intervention of right by group of Stanford investors into suit brought by original plaintiff group of Stanford investors against defendant who provided banking services to R. Allen Stanford for … More Take the Fifth: Feb. 3, 2021 opinions

Take the Fifth: Jan. 19, 2021 opinions

Designated for publication Brown v. Tarrant County, Texas, 19-10594, appeal from N.D. Tex. Duncan, J. (Clement, Ho, Duncan), § 1983, qualified immunity Affirming dismissal of civilly committed violent sex offender’s § 1983 claims against county and sheriff for a 20-day confinement in the county jail during which he did not receive his sex-offender treatment. The … More Take the Fifth: Jan. 19, 2021 opinions

Take the Fifth: Jan. 12 and 13, 2021 opinions

Designated for publication U.S. v. Parkerson, 19-10780, appeal from N.D. Tex. Jolly, J. (Jolly, Southwick, Wilson), criminal, sentencing Affirming 120-month statutory maximum prison term for failure to register as a sex offender where sentencing guidelines range was 18-24 months. The presentencing report (“PSR”) referred to an excerpt from a police report of an incident where … More Take the Fifth: Jan. 12 and 13, 2021 opinions

Take the Fifth: Jan. 1 – 11, 2021 opinions

Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions