(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions)
Designated for publication
- Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp., 17-20545, appeal from S.D. Tex.
- Costa, J. (Davis, Costa, Oldham), Oldham, J., dissenting; Clean Air Act, standing
- Affirming Clean Air Act penalties, as well as standing of plaintiffs to seek redress for Clean Air Act violations by Exxon at its Baytown, Texas complex.
- Judge Oldham dissented, opining that “[t]his case is a jurisdictional mess,” and that the en banc court should “clean this up,” particularly focusing on the traceability requirement of standing.
- Byrd v. Harrell, 17-40996, appeal from E.D. Tex.
- Duncan, J. (Wiener, Graves, Duncan), Graves, J., concurring; qualified immunity
- Affirming summary judgment on qualified immunity grounds to prison guard on prisoner’s excessive force claim after his arm was broken by guard’s baton strikes while he was resisting several prison guards.
- Judge Graves concurred on the basis that the plaintiff’s asserted right was not clearly established when the events giving rise to the case occurred, “[b]ut [he] would take this opportunity to establish that right”.””; Judge Graves would identify that right as being “that prison officials may not continue to apply bone-breaking force to an inmate who is partially restrained but who poses no threat to any officer, even if the inmate had earlier necessitated the use of some force.”
- Harrison v. Young, 19-10874, appeal from N.D. Tex.
- Costa, J. (King, Jones, Costa), Jones, J., concurring; Americans with Disabilities Act, Ex parte Young
- Vacating preliminary injunction issued by district court requiring Texas to provide round-the-clock nursing services, even though the expense exceeded the cost cap in the state’s Medicaid program, as required by the ADA; and remanding for further proceedings. The Court also held that the district court did have jurisdiction to hear the suit under Ex parte Young.
- Judge Jones concurred, but remains “skeptical” because the plaintiff “has slender likelihood of prevailing on remand.”
- Hammoud v. Ma’at, 19-50914, appeal from W.D. Tex.
- Richman, C.J. (joined by Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Wilson, JJ.); Willett, J., concurring; Ho, J., dissenting; Oldham, J., dissenting (joined by Jones, Duncan, Engelhardt, JJ.); habeas corpus
- Affirming the dismissal of petitioner’s § 2241 petition without prejudice on the basis that petitioner could have raised all his present claims in a § 2255 motion.
- Judge Willett concurred separately. While the majority focused on the “so-called saving clause” at the end of § 2255(e), he opined that clause was not a saving clause but an authorization clause, and instead would have reached the same outcome based on a “scrupulously text-based reading” of the opening clause of § 2255(e).
- Judge Ho dissented on the basis that the petitioner’s petition should have been dismissed with prejudice and that the Court’s decision in Reyes-Requena v. U.S., 243 F.3d 893 (5th Cir. 2001), should have been overruled.
- Judge Oldham dissented on a similar basis, that Reyes-Requena contravened the plain text of AEDPA.
- U.S. v. Martinez, 20-10307, appeal from N.D. Tex.
- Richman, C.J. (Richman, Clement, Higginson), criminal, supervised release
- Vacating imposition of fifteen conditions of supervised release in the written sentencing judgment, and remanding for district court to confirm the written judgment to the oral pronouncements.
- NextEra Energy Capital Holdings, Inc. v. Lake, 20-50160, appeal from W.D. Tex.
- Costa, J. (Dennis, Elrod, Costa), Elrod, J., concurring in part and dissenting in part; Commerce Clause, Contracts Clause
- Reversing district court’s 12(b)(6) dismissal of plaintiff’s dormant Commerce Clause challenge to Texas law restricting new entrants into the transmission-line market for multistate power grids; but affirming dismissal of Contracts Clause challenge to law.
- Judge Elrod dissented in part, dissenting from the portion of the majority opinion that concludes that the Texas law discriminated on its face.
- Henley v. Biloxi H.M.A., L.L.C., 20-60991, appeal from S.D. Miss.
- Dennis, J. (King, Dennis, Ho) (Ho, J., concurs in sections I and II of opinion but would certify question to Mississippi Supreme Court as to Section III); breach of contract
- Reversing district court’s Erie guess regarding duties imposed by Mississippi law, in dismissing plaintiff’s claim that hospital should have disclosed surcharge that would be imposed on billing for services, and that if surcharge had been disclosed she would have chosen to enter into a contract for services at a different hospital.
- Franciscan Alliance, Inc. v. Becerra, 21-11174, appeal from N.D. Tex.
- Willett, J. (Elrod, Willett, Engelhardt), healthcare law, Title IX, mootness, Religious Freedom Restoration Act
- Affirming permanent injunction issued against HHS from requiring plaintiff hospital to perform gender-reassignment surgeries or abortions in violation of its sincerely held religious beliefs; but dismissing plaintiff’s APA claims as moot.
- Lopez v. Cintas Corp., 21-20089, appeal from S.D. Tex.
- Elrod, J. (Smith, Elrod, Oldham), Americans with Disabilities Act, arbitration
- Affirming dismissal of portion of plaintiff’s ADA claims arising from termination as barred by arbitration clause, but vacating portion of district court’s opinion regarding unconscionability challenge and remanding to district court to dismiss without prejudice to be considered in arbitration in first instance.
- Baxter v. U.S., 21-20258, appeal from S.D. Tex.
- Engelhardt, J. (Richman, Clement, Engelhardt), tax
- Reversing summary judgments in favor of plaintiffs in tax refund action, and remanding to district court with instructions to dismiss for lack of jurisdiction.
- Laviage v. Fite, 21-20678, appeal from S.D. Tex.
- Duncan, J. (King, Duncan, Engelhardt), qualified immunity
- Reversing denial of qualified immunity to police officer on claim that he had falsified information leading to plaintiff’s arrest and prosecution.
- U.S. v. Mamoth, 21-40422, appeal from E.D. Tex.
- Wilson, J. (Jones, Ho, Wilson), criminal, guilty plea, Sixth Amendment
- Affirming guilty plea conviction for attempted bank robbery, rejecting defendant’s arguments that district court had improperly involved itself in plea negotiations and that he had been deprived of his Sixth Amendment right to self-representation.
- Mullis v. Lumpkin, 21-70008, application for COA from S.D. Tex.
- Smith, J. (Smith, Higginson, Willett), habeas corpus
- Granting COA in part on dismissal of habeas petition on basis of lack of reasonable excuse from procedural default.
Unpublished
- U.S. v. Molina, 20-11232, appeal from N.D. Tex.
- per curiam (Smith, Duncan, Oldham), criminal, sentencing
- Affirming 292-month sentence and conviction of conspiring to distribute over 500 grams of methamphetamine.
- Fox v. Nu Line Transport, L.L.C., 20-30716, appeal from W.D. La.
- per curiam (Dennis, Engelhardt, Hicks (by desig.)), personal tort
- Affirming denial of partial summary judgment against defendant and remanding for further proceedings.
- Fears v. Lumpkin, 20-40563, appeal from S.D. Tex.
- per curiam (Smith, Clement, Haynes), habeas corpus
- Affirming denial of habeas petition.
- Resendez v. Abbott, 20-50647, appeal from W.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), prisoner suit
- Affirming dismissal of prisoner’s § 1983 action.
- Hutchings v. County of Llano, Texas, 20-50885, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), Tax Injunction Act
- Affirming dismissal of plaintiff’s claims arising from seizure of property for failure to pay property taxes.
- Morash v. Valley Ridge Roofing and Construction, L.L.C., 21-10212, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Costa), Jones, J., dissenting; bankruptcy
- Affirming district court’s ruling that creditor whose lien was erased when property owner purchased a senior lien and foreclosed on property can avoid a transfer in a bankruptcy proceeding. Judge Jones dissented (“Thank goodness this opinion is unpublished and therefore non-precedential”).
- U.S. v. Hefley, 21-10863, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Martinez, 21-11045, appeal from N.D. Tex.
- per curiam (Barksdale, Higginson, Ho), criminal, guilty plea
- Affirming guilty plea conviction of possession of a firearm by a felon.
- Aubrey v. Estate of Tobolowsky, 21-11091, appeal from N.D. Tex.
- per curiam (Smith, Elrod, Southwick), legal malpractice
- Affirming dismissal of legal malpractice claims.
- Bank of America, N.A. v. Mann, 21-11192, appeal from N.D. Tex.
- per curiam (Clement, Southwick, Engelhardt), foreclosure
- Dismissing appeal from consent judgment upon mediated settlement.
- U.S. v. Arellano, 21-11229, appeal from N.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- McCollum v. Lewis, 21-11259, appeal from N.D. Tex.
- per curiam (Haynes, Engelhardt, Oldham), prisoner suit
- Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 suit.
- DHI Group, Inc. v. Kent, 21-20274, c/w 21-20474, appeal from S.D. Tex.
- per curiam (Higginbotham, Haynes, Wilson), trade secrets
- Affirming in part and reversing in part $3 million final judgment on claims under Texas Uniform Trade Secrets Act, Texas Theft Liability Act, and RICO.
- Rollins v. State of Texas, 21-20482, appeal from S.D. Tex.
- per curiam (Jones, Ho, Wilson), § 1983
- Affirming dismissal of § 1983 claims.
- Matthews v. Home Depot USA, Inc., 21-20493, appeal from S.D. Tex.
- per curiam (Smith, Clement, Haynes), personal tort
- Affirming summary judgment dismissing tort claim against Home Depot.
- Greene v. DeMoss, 21-30044, appeal from W.D. La.
- per curiam (Richman, Clement, Duncan), qualified immunity
- Affirming denial of qualified immunity to officers involved in fatal traffic stop of Ronald Greene.
- Hawkins v. Sanders, 21-30545, appeal from E.D. La.
- per curiam (Higginbotham, Higginson, Duncan), § 1983
- Dismissing appeal from interlocutory decisions.
- U.S. v. Teague, 21-30605, appeal from W.D. La.
- per curiam (Southwick, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Gonzalez-Moreno, 21-40112, appeal from S.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Fugedi v. Initram, Inc., 21-40365, appeal from S.D. Tex.
- per curiam (Richman, Clement, Engelhardt), property law
- Vacating district court’s summary judgment in quiet-title action, and remanding for further proceedings.
- Alexandria v. Collier, 21-50022, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), prisoner suit
- Affirming dismissal of prisoner’s § 1983 suit for failure to exhaust administrative remedies.
- Holm v. Sassenhagen, 21-50074, appeal from W.D. Tex.
- per curiam (Smith, Clement, Haynes), qualified immunity
- Affirming summary judgment grant of qualified immunity in excessive force case.
- U.S. v. Saucedo-Delgado, 21-50128, appeal from W.D. Tex.
- per curiam (King, Higginson, Willett), criminal, guilty plea
- Affirming guilty plea conviction of being a felon in possession of a firearm.
- U.S. v. Cortez, 21-50152, appeal from W.D. Tex.
- per curiam (Southwick, Graves, Costa), habeas corpus
- Denying reconsideration of judgment denying COA and appointment of counsel.
- U.S. v. Chavez-Garcia, 21-50273, appeal from W.D. Tex.
- per curiam (King, Higginson, Willett), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. English, 21-50496, appeal from W.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal, sentencing
- Affirming sentence on conviction of being a felon in possession of a firearm.
- Barnhill v. Hildreth-White, 21-50646, appeal from W.D. Tex.
- per curiam (Higginbotham, Graves, Ho), prisoner suit
- Affirming dismissal of prisoner’s § 1983 suit.
- U.S. v. Rodriguez, 21-51154, appeal from W.D. Tex.
- per curiam (Smith, Elrod, Southwick), criminal, Sixth Amendment
- Affirming conviction of conspiring to transport illegal aliens for financial gain, rejecting Sixth Amendment Confrontation Clause challenge.
- U.S. v. Sanchez-Juarez, 21-51247, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
- Granting summary affirmance of conviction and sentence for illegal reentry.
- Macharia v. Garland, 21-60157, petition for review of BIA order
- per curiam (King, Duncan, Engelhardt), immigration
- Denying Kenyan citizen’s petition for review of BIA order dismissing his appeal and upholding denial of his application for a waiver of inadmissibility.
- Kshetri v. Garland, 21-60448, petition for review of BIA order
- per curiam (Smith, Dennis, Southwick), immigration
- Denying Nepali citizen’s petition for review of BIA order dismissing an appeal from the IJ’s denial of asylum, withholding of removal, and relief under the CAT.
- Cole v. Lumpkin, 21-70011, appeal from S.D. Tex.
- per curiam (Stewart, Haynes, Ho), habeas corpus
- Denying COA from denial of habeas petition.
- U.S. v. Zuniga-Ramirez, 22-10039, appeal from N.D. Tex.
- per curiam (Jolly, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Lewellen, 22-10063, appeal from N.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Acosta v. O’Connor, 22-10072, appeal from N.D. Tex.
- per curiam (Elrod, Graves, Ho), prisoner suit
- Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 suit.
- U.S. v. Serna, 22-10099, appeal from N.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Perez-Gonzalez, 22-10266, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- U.S. v. Hernandez, 22-10393, appeal from N.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- Pearson v. Specialized Loan Servicing, L.L.C., 22-20005, appeal from S.D. Tex.
- per curiam (Jones, Ho, Wilson), foreclosure
- Affirming summary judgment in favor of lender in claims arising from foreclosure.
- U.S. v. Ford, 22-30109, appeal from M.D. La.
- per curiam (Higginbotham, Graves, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Hernandez-Torres, 22-40106, appeal from S.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Torres-Robles, 22-40135, appeal from S.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Aguilar v. Garland, 22-60006, petition for review of BIA order
- per curiam (King, Higginson, Willett), immigration
- Denying Honduran citizens’ petition for review of BIA order dismissing their appeal of the IJ’s denial of their applications for asylum and withholding of removal.
Take the Fifth 