Tag: Title VII

Take the Fifth: April 19, 2021 opinions

April 20, 2021

Designated for publication Phillips v. Sanofi US Services, Inc., 20-30405, appeal from E.D. La. per curiam (King, Smith, Haynes), product liability Affirming summary judgment dismissal of plaintiff’s failure-to-warn claim regarding permanent hair-loss from chemotherapy drug Taxotere, on finding that, under Louisiana law, there was a lack of causation because there was no genuine dispute that … More Take the Fifth: April 19, 2021 opinions

Take the Fifth: March 22 and 23, 2021 opinions

March 24, 2021

Designated for publication U.S. v. Brune, 19-11360, appeal from N.D. Tex. Smith, J. (Jones, Smith, Elrod), criminal, double jeopardy Affirming conviction of defendant for possess with intent to distribute a mixture and substance containing more than 50 grams of methamphetamine. In the charging instrument, the government had misstated the statutory citation for the charged crime, … More Take the Fifth: March 22 and 23, 2021 opinions

Take the Fifth: March 11, 2021 opinions

March 16, 2021

Designated for publication U.S. v. Fackrell, 18-40598, appeal from E.D. Tex. Stewart, J. (Stewart, Duncan, Wilson), criminal, sentencing, death penalty Affirming convictions and death sentences of co-defendants for first-degree murder of fellow inmate in prison shanking to enforce rules of the Soldiers of Aryan Culture (“SAC”) prison gang. The Court held that the district court … More Take the Fifth: March 11, 2021 opinions

Take the Fifth: March 10, 2021 opinions

March 11, 2021

Designated for publication Hall CA-NV, LLC v. One Republic National Title Insurance Co., 20-10268, appeal from N.D. Tex. Ho, J. (Clement, Ho, Duncan), breach of contract, insurance Affirming dismissal of plaintiff’s suit for coverage for prior mechanic’s liens under title insurance policy, on basis that plaintiff had agreed to removal of such coverage. Judge Ho … More Take the Fifth: March 10, 2021 opinions

Take the Fifth: March 8, 2021 opinions

March 9, 2021

Designated for publication U.S. v. Masha, 19-20673, appeal from S.D. Tex. Jones, J. (Jones, Clement, Graves), criminal, sufficiency of evidence, sentencing Affirming conviction and sentence on eight counts of false use of a passport under 18 U.S.C. § 1543, and vacating (with government’s acquiescence) conviction and sentence on eight counts of misuse of a passport … More Take the Fifth: March 8, 2021 opinions

Take the Fifth: Jan. 29, 2021 opinions

January 31, 2021

Designated for publication Miller v. Sam Houston State University, 19-20752, appeal from S.D. Tex. Wilson, J. (Jolly, Southwick, Wilson), Title VII, employment discrimination, judicial bias Reversing dismissal of claims, remanding for further proceedings, and ordering that cases be reassigned to a new judge upon remand. “From the outset of these [consolidated] suits, the district judge’s … More Take the Fifth: Jan. 29, 2021 opinions

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

January 12, 2021

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

Take the Fifth: Dec. 26-31, 2020 opinions

January 9, 2021

Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 opinions

Take the Fifth: Dec. 7 and 8, 2020 opinions

December 10, 2020

Designated for publication U.S. v. Lipscomb, 18-11168, appeal from N.D. Tex. Clement, J. (Clement, Ho, Duncan), habeas corpus, Armed Career Criminal Act Vacating district court’s grant of § 2255 petition and remanding to reinstate original sentence. Petitioner had been convicted as a felon in possession of a firearm after being apprehended with a sawed-off shotgun … More Take the Fifth: Dec. 7 and 8, 2020 opinions

Take the Fifth: Dec. 4, 2020 opinions

December 8, 2020

Designated for publication Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions