December 7, 2022, opinions

Posted on by tadbartlett

Unpublished

  • NextEra Energy Capital Holdings, Inc. v. LSP Transmission Holdings II, L.L.C., 20-50168, appeal from W.D. Tex.
    • per curiam (Dennis, Elrod, decided by quorum), intervention
    • Reversing district court’s denial of intervention-of-right to five entities involved in the electric transmission market in case brought to challenge constitutionality of Texas statute providing a regulatory right of first refusal to the owner of an existing utility facility for the connection of new electric transmission lines to that facility.
  • McMurry v. Brunner, 21-50888, appeal from W.D. Tex.
    • Higginbotham, J. (Higginbotham, Higginson, Oldham), Oldham, J., concurring in judgment, qualified immunity
    • Affirming district court’s denial of qualified immunity motion to dismiss on behalf of defendant officer in suit alleging violation of Fourth and Fourteenth Amendment rights in the removal of a child from a home during a child endangerment investigation.
    • Judge Oldham concurred separately in the judgment, to explain his understanding of qualified immunity, “which differs somewhat from the majority’s.”
  • Garcia v. Swift Beef Co., 22-10050, appeal from N.D. Tex.
    • per curiam (Higginbotham, Duncan, Engelhardt), personal tort, COVID-19, federal officer jurisdiction
    • Vacating district court’s dismissal of plaintiff employees’ negligence suit against employer arising from their contracting of COVID-19 while working at employer’s plants, holding that the district court did not have jurisdiction over the removed case under federal officer jurisdiction, and remanding to district court to remand to state court.
  • U.S. v. Trevino, 22-10228, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Reyes, 22-10442, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia, 22-10558, appeal from N.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Butler, 22-10591, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.