Stuart Kyle Duncan

“For the foregoing reasons, we AFFIRM the district court's judgment that Lauren is not a prevailing party for attorneys' fee purposes.”

“We therefore hold that the phrase 'takes any other action' in 8 U.S.C. 1253(a)(1)(C) is not limited to acts requiring joint or concerted action by the defendant. ... AFFIRMED”

“We VACATE the district court's judgment. Varner's motion to require use of female pronouns, to submit a photograph, and to appear are DENIED.”

“In sum, the magistrate correctly found that no genuine disputes of material fact precluded summary judgment. AFFIRMED.”

“Accordingly, we AFFIRM the district court's summary judgment ruling, but MODIFY the injunction to restrain only the use of Coalition's logo.”

“Following those principles, we find ambiguity -- rather than conflict -- between Vasquez-Puente's oral and written sentences... we cannot say that the court abused its discretion by including the surrender condition in Vasquez-Puente's written judgment.”

“Because the instruction was not supported by evidence showing Araiza-Jacobo engaged in any purposeful contrivance to avoid learning of the illegal conduct, the district court erred... we find the error in the jury instruction was harmless. AFFIRMED.”

“We conclude that the federal court failed to defer to the state court's reasonable application of Strickland v. Washington... and therefore erred in granting Mejia habeas corpus relief... We therefore VACATE the district court's judgment and RENDER judgment for the State.”

“Finding Swearingen's claims fail to meet the strict requirements imposed by 28 U.S.C. Sec. 2244(b) for authorizing a successive petition, we DENY his application and also DENY his motion for stay of execution.”

“The district court sided with FloaTEC on both points... The court dismissed Underwriters' claims with prejudice. Underwriters appeal both issues. We affirm.”

“The sole issue on appeal is whether the district court correctly dismissed the Bank's lawsuit for lack of subject matter jurisdiction. It did. We therefore AFFIRM.”

“We AFFIRM the district court's judgment concerning Appellants' Title VII disparate impact and hostile work environment claims. We VACATE the district court's judgment dismissing Appellants' Title VII disparate treatment claim and REMAND for further proceedings consistent with this opinion. AFFIRMED IN PART; VACATED AND REMANDED IN PART”