Designated for publication Harness v. Watson, 19-60632, appeal from S.D. Miss. [ed.: Note that the following en banc decision was announced by the Court as “per curiam,” i.e., “for the court,” and at the beginning of that decision then listed all 17 active-status judges, intimating at the outset that the decision was for the entire … More August 24, 2022, opinions
Designated for publication U.S. v. Crittenden, 18-50635, appeal from W.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Elrod, J., dissenting (joined by Dennis, Graves, JJ.); new trial, criminal Reversing new trial ordered by district court after jury had convicted defendant of drug conspiracy, … More August 17-18, 2022, opinions
Designated for publication Glenn v. Tyson Foods, Inc., 21-40622, c/w Chavez v. Tyson Foods, Inc., 21-11110, appeals from E.D. Tex. and N.D. Tex. Willett, J. (Willett, Engelhardt, Wilson), federal officer jurisdiction, removal Affirming district courts’ remand orders for claims against Tyson Foods arising from its decision to keep its poultry processing plants open during the … More July 7, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La. Higginbotham, J. (Higginbotham, Costa, Oldham), Oldham, J., dissenting; qualified immunity Affirming in part and reversing in part denial of qualified immunity for … More June 7-12, 2022, opinions
Designated for publication Consumer Financial Protection Bureau v. All American Check Cashing, Inc., 18-60302, appeal from S.D. Miss. per curiam (Richman, Higginbotham, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson); Jones, J., concurring (joined by Elrod, Duncan, Engelhardt, Oldham, JJ.); Oldham, J., concurring in judgment (joined by Engelhardt, … More May 2-3, 2022, opinions
Designated for publication U.S. v. Perez-Espinoza, 20-40769, appeal from S.D. Tex. Oldham, J. (Davis, Willett, Oldham), criminal, sentencing Affirming sentence, holding that orally pronounced supervised-release term that defendant would have to report to U.S. Probation Office within 72 hours of return to U.S. was not materially different from written term that he would have to … More April 21, 2022, opinions
Unpublished Hardison v. Skinner, 20-30643, appeal from W.D. La. per curiam (Dennis, Southwick, Wilson), Dennis, J., specially concurring; employment discrimination, Title VII Affirming summary judgment dismissing plaintiff’s employment discrimination, defamation, and Louisiana state law claims against the Natchitoches Parish School Board and Dale Skinner, the school board’s superintendent, brought after she voluntarily retired six months … More April 18, 2022, opinions
Designated for publication Seguin v. Remington Arms Co., 17-30499, appeal from E.D. La. Southwick, J. (Owen, Dennis, Southwick), Dennis, J., dissenting; product liability After Louisiana Supreme Court declined certified question on the issue, reversing summary judgment in favor of plaintiff in design-defect claim under the Louisiana Product Liability Act (“LPLA”) against firearm manufacturer after accidental … More April 6-7, 2022, opinions
Designated for publication Penn-America Insurance Co. v. Tarango Trucking, L.L.C., 21-10749, appeal from N.D. Tex. Davis, J. (Davis, Willett, Oldham), insurance Reversing in part and vacating in part judgment that insurer did not owe defense or indemnity regarding fatal accident on insured’s property, finding that an exception to a policy automobile exclusion applied. An independent … More April 4, 2022, opinions
(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions
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