Designated for publication per curiam (Wiener, Elrod, Engelhardt), immigration Denying Mexican citizen’s petition for review of BIA order issuing a final order of removal after IJ’s decision that he was ineligible for asylum because of a conviction of Texas aggravated robbery. Petitioner had been a lawful permanent resident of the U.S. since 2003. In 2014 … More March 3-6, 2023, opinions
Designated for publication King, J. (King, Graves, Ho), insurance Reversing district court’s judgment that Texas’s Emergency Care Statutes’ provision that medical insurers must reimburse out-of-network emergency care providers at their “usual and customary rate” creates a private right of action. After the Texas Supreme Court, on a certified question, held that the statutes do not … More February 16, 2023, opinions
Designated for publication Jones, J. (Jones, Southwick, Oldham), § 1983, qualified immunity Affirming dismissal of claims arising from conviction and thirty years of incarceration for capital murder and subsequent release of original plaintiff upon determination that someone else committed the murder. District court dismissed claims under 12(b)(6) against the DA and former coroner upon finding … More February 15, 2023, opinions
Unpublished per curiam (Smith, Clement, Wilson), criminal Affirming conviction of assaulting a federal officer. per curiam (Smith, Clement, Wilson), immigration Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order affirming IJ’s denial of application for cancellation of removal and protection under the CAT. per curiam (Wiener, Elrod, Engelhardt), criminal … More February 7, 2023, opinions
Designated for publication Wilson, J. (Jones, Ho, Wilson), Ho, J., concurring; criminal, Second Amendment Vacating conviction for possession of a firearm by someone subject to a domestic violence restraining order, declaring 18 USC § 922(g)(8) facially unconstitutional in light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). After … More February 2, 2023, opinions
Unpublished per curiam (Dennis, Elrod, Duncan), employment discrimination, Title VII Affirming summary judgment dismissal of plaintiff’s sex discrimination claims for failure to hire based on positions for which she did not apply and positions for which she did apply but for which she was not selected; reversing summary judgment dismissal of failure-to-hire claims based on … More January 26, 2023, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions
Designated for publication Smith, J. (Smith, Haynes, by quorum); attorneys’ fees, breach of fiduciary duty Affirming summary judgment in favor of defendants on plaintiffs’ claims for breach of fiduciary duty, negligence, and conspiracy to commit theft, and affirming award of attorneys’ fees. The district court awarded summary judgment to J.P. Morgan entities on the plaintiffs’ … More January 11, 2023, opinions
Designated for publication Clement, J. (Smith, Clement, Haynes), Haynes, J., dissenting; Title VII, employment discrimination Affirming summary judgment dismissing plaintiff’s claims that he was not adequately trained for the testing that would determine if he would be retained or fired from Exxon’s polypropylene manufacturing facility because he was Black. The Court first held, differently from … More January 10, 2023, opinions
Designated for publication per curiam (Smith, Southwick, Douglas), criminal, restitution Affirming the denial of a motion for adjustment of a restitution order, holding that an inmate’s $1400 stimulus payment under the American Rescue Plan Act was not exempt from being applied toward a restitution order. Unpublished per curiam (King, Stewart, Haynes), criminal, guilty plea Affirming … More January 9, 2023, opinions
