PER CURIAM: Plaintiff-Appellant David Atkins, a law enforcement park ranger, was transferred to a staff ranger position based on the conclusion of a medical review board constituted by the National Park Service (an agency of the Department of the Interior) that his uncontrolled diabetes could prevent him from safely performing his duties. Atkins filed suit under the Rehabilitation Act, claiming that his transfer amounted to discrimination on the basis of his alleged disability. The litigation...
PER CURIAM: Appellant Rothe Development, Inc. ("Rothe") appeals the district court's dismissal of its complaint for lack of subject-matter jurisdiction. Rothe sued the United States Department of Defense and the United States Air Force (collectively "DoD") for declaratory and injunctive relief, alleging the DoD violated various insourcing procedures adopted pursuant to federal law. The district court dismissed, concluding exclusive jurisdiction lay in the Court of Federal Claims. We AFFIRM....
KING, Circuit Judge: In this consolidated case, we address the appeals of five individuals and one corporate defendant convicted of conspiracy and substantive offenses for providing material aid and support to a designated terrorist organization. The terrorist organization at issue is Hamas, which in 1995 was named a Specially Designated Terrorist by Presidential Executive Order pursuant to authority granted by the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq. Hamas...
E. GRADY JOLLY, Circuit Judge. The district court dismissed the superseding indictment because it did not state a crime against Heulette C. Fontenot, Jr. for knowingly and willfully making false statements to a financial institution insured by the Federal Deposit Insurance Corporation (FDIC) and knowingly making false statements for the purpose of influencing the action of a bank insured by the FDIC. The United States appeals. Fontenot made the allegedly false statements on loan...
DeMOSS, Circuit Judge: On February 20, 2009, Carol L. Vaughn was fired from Woodforest Bank for "Unsatisfactory Conduct." Vaughn brought suit claiming racial discrimination under Title VII of the Civil Rights Act of 1964. Because Vaughn has presented a genuine issue of material fact concerning Woodforest's proffered reason for firing her, we reverse the district court's grant of summary judgment and remand for a trial on the merits. I. On September 9, 2008, Carol L. Vaughn, a white woman,...
EMILIO M. GARZA, Circuit Judge: Appellant Mary Schroeder ("Schroeder") appeals the district court's grant of summary judgment for Appellees Greater New Orleans Federal Credit Union ("GNOFCU") and Cumis Insurance Society ("Cumis"). The district court found that GNOFCU did not violate either the Federal Credit Union Act, 12 U.S.C. 1790b, or LA.REV. STAT. ANN. 23:967(A) by terminating Schroeder's employment after she complained of possible fraud in the company's lending practices. On appeal,...
PRADO, Circuit Judge. This appeal arises out of the nearly month-long trial of Telandra Jones, Theddis Pearson, and five other defendants for Medicare fraud and related crimes stemming from the practices of their business, Statewide Physical Medicine Group. The Appellants used unauthorized personnel to perform physical rehabilitation on Medicare patients and then billed Medicare at an inflated rate for those treatments. The jury convicted Pearson of five counts of health care false statements...
JERRY E. SMITH, Circuit Judge: Brian and Debra Spurlin were convicted of concealment of bankruptcy estate assets, 18 U.S.C. 152(1), for knowingly and fraudulently withholding their interests in certain properties from their bankruptcy filings, and false oaths and statements in bankruptcy, 18 U.S.C. 152(3), for a false answer they gave on a bankruptcy questionnaire. Mr. Spurlin was also convicted of bankruptcy fraud, 18 U.S.C. 157(1), for filing for bankruptcy to effect and conceal a...
PRADO, Circuit Judge: On February 14, 2006, six police officers from the Garland, Texas police department breached the locked door to the private bedroom of Richard and Cindy Rockwell's 27-year-old son, Scott, to arrest him for threatening his mother. Scott attacked the officers with two knives, and in the ensuing melee, the officers shot and killed him. The Rockwells sued the officers for excessive force, assault and battery, and unlawful entry. The district court granted summary judgment to...
JENNIFER WALKER ELROD, Circuit Judge: Pursuant to a certificate of appealability (COA) granted by this court on November 30, 2010, Daniel Rodriguez, Texas prisoner # 1473833, appeals the district court's dismissal of his 28 U.S.C. 2254 habeas corpus petition as time-barred. Because we conclude that Rodriguez did not waive his right to direct appeal and as a result his habeas petition was timely under AEDPA, we REVERSE the judgment of the district court and REMAND for the district court to...
JENNIFER WALKER ELROD, Circuit Judge: This insurance coverage case arises out of an underlying personal injury lawsuit brought by Michael Parr against Gilbane Building Company. Gilbane, a general contractor, sought defense and indemnification from Admiral Insurance Company based on an insurance policy held by Empire Steel Erectors, a subcontractor. On cross-motions for summary judgment, the district court determined that Admiral owed a duty to defend and indemnify. We REVERSE the summary...
PER CURIAM: Plaintiff-Appellant Nickey Brown, a former employee of Defendants-Appellees Oil States Skagit Smatco and Oil States Skagit Smatco, L.L.C., brought a lawsuit against Oil States under Title VII, alleging claims of racial harassment and constructive discharge. In a deposition for this case, Brown testified that he quit his job at Oil States solely because of racial harassment. However, four months earlier, in a deposition for a personal injury lawsuit, Brown testified that he left his...
HAYNES, Circuit Judge: Dennis Thompson ("Thompson") appeals the district court's grant of summary judgment in favor of Zurich American Insurance Company ("Zurich"), Specialty Risk Services, L.L.C. ("SRS"), and insurance adjuster Janet Watson ("Watson") on his claim for wrongful denial and delay of workers' compensation benefits under Texas common law, the Texas Insurance Code, and the Texas Deceptive Trade Practices Act ("DTPA"). Thompson's arguments address only the grant of summary judgment...
JERRY E. SMITH, Circuit Judge: The Louisiana State Board of Practical Nurse Examiners (the "Board") denied a license to Esthee Van Staden solely on account of her immigration status; she is an alien who has applied for permanent residence. She sued the Board, claiming its status requirement violates the Constitution. The district court granted the Board summary judgment on all grounds. Because applicants for permanent resident status do not constitute a suspect class under the Equal Protection...
PRADO, Circuit Judge: Defendants-Appellants Rodney J. Strain Jr. and Bryan Steinert appeal the district court's order denying in part their motion for summary judgment. Because we lack jurisdiction, we dismiss the appeal. I. BACKGROUND Around 10:12 p.m. on February 18, 2008, St. Tammany Parish Deputy Bryan Steinert stopped a vehicle being driven by Anthony Brown. During the course of the stop, Steinert searched the vehicle and discovered an empty pill bottle and a plastic bag containing...
LESLIE H. SOUTHWICK, Circuit Judge: Ada and Ronnie Turner seek to reopen a judgment entered in 2001. Their personal injury claims were heard in the United States District Court for the Eastern District of Louisiana. After a bench trial, Judge G. Thomas Porteous, Jr. entered judgment for the defendants. The Turners moved for a new trial, or, alternatively, for Judge Porteous to recuse himself because of their claim that the judge had an overly close relationship with the defendants' attorney....
E. GRADY JOLLY, Circuit Judge: This appeal involves a putative class action brought against several oil and gas companies and several companies that provide labor for offshore oil and gas projects. The plaintiffs allege violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Outer Continental Shelf Lands Act (OCSLA). Under the OCSLA, the plaintiffs pursue both a personal right of action for economic damages and an enforcement action under the OCSLA's citizen suit...
PER CURIAM: Amerisure Mutual Insurance Company appeals the district court's summary-judgment ruling determining that Louisiana law prohibits the consideration of extrinsic evidence to prove mutual mistake; ranking Amerisure as the primary insurer; and allowing another third-party insurer, Chubb Custom Insurance Company, to bring a cross-claim for defense fees. Because the district court erred in refusing to consider extrinsic evidence to prove the theory of mutual mistake, we reverse and...
EDITH BROWN CLEMENT, Circuit Judge: Jaime Moreno-Gonzalez appeals his jury conviction for possession with the intent to distribute over 100 kilograms of marijuana based on insufficient evidence. Because there was sufficient evidence with which a jury could have convicted Moreno-Gonzalez, we AFFIRM his conviction. FACTS Moreno-Gonzalez drove a tractor-trailer from Mexico and entered the United States where he was stopped at a checkpoint in Falfurrias, Texas. As Moreno-Gonzalez approached the...
HAYNES, Circuit Judge: Michael Melancon ("Michael") and his nephew, David Melancon ("David"), appeal their convictions following a jury trial. David also appeals his sentence. We AFFIRM. I. Facts and Background We briefly review the facts pertinent to this appeal. David was the driver of a car in which Jamar Higgins was a passenger when Arnold Wyatt began shooting at the car. Viewing the evidence in the light most favorable to the jury verdict, David picked up a gun and began returning fire....
