Designated for publication U.S. v. Butler, 19-40095, appeal from E.D. Tex. Smith, J. (Owen, Smith, Graves), criminal, sentencing Affirming imposition of special conditions of release and temporary denial of federal benefits as part of sentence on guilty plea to conspiracy to possess methamphetamine. Defendant entered into a guilty plea agreement that indicated a sentence of … More August 10. 2021 opinions
Designated for publication U.S. v. Gaspar-Felipe, 19-50997, appeal from W.D. Tex. Duncan, J. (Jones, Costa, Duncan), criminal, sentencing, Confrontation Clause, sufficiency of evidence Affirming convictions and 78-month sentence for defendant’s role in an alien smuggling operations in which the person being smuggled died. The Court held that there was no Confrontation Clause violation in the … More July 13, 2021 opinions
Designated for publication Hutcheson v. Dallas County, Texas, 20-10383, appeal from N.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), excessive force, qualified immunity Affirming summary judgment dismissal of plaintiffs’ excessive force and failure to train claims on qualified immunity grounds, in claims arising from officers’ restraint of victim at county jail as victim was actively resisting … More Take the Fifth: April 12, 2021 opinions
Designated for publication Stelly v. Duriso, 19-20160, appeal from S.D. Tex. Haynes, J. (Jones, Haynes, Ho), Ho. J., concurring in part; intentional infliction of emotional distress, employment discrimination Vacating district court’s default judgment in favor of plaintiff on intentional infliction of emotional distress (“IIED”) claim against individual defendant in lawsuit against unions and maritime association … More Take the Fifth: Dec. 11 and 14, 2020 opinions
Designated for pulication Future Proof Brands, LLC v. Molson Coors Beverage Co., 20-50323, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), trademark infringement, intellectual property, preliminary injunction Affirming district court’s denial of preliminary injunction sought by plaintiff, who sued defendant for trademark infringement of plaintiff’s “brizzy” brand of hard seltzer product by defendant’s “vizzy” … More Take the Fifth: Dec. 3, 2020 opinions
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