Designated for publication Southwick, J. (Higginbotham, Southwick, Higginson), Texas Water Code, suretyship Affirming summary judgment in favor of surety on issue regarding whether private developers were entitled to offset for liquidated damages related to delay in completion of the projects, where offset was provided for by Texas Water Code for “district contract[s].” While a municipal … More January 12, 2023, opinions
Designated for publication Smith, J. (Smith, Haynes, by quorum); attorneys’ fees, breach of fiduciary duty Affirming summary judgment in favor of defendants on plaintiffs’ claims for breach of fiduciary duty, negligence, and conspiracy to commit theft, and affirming award of attorneys’ fees. The district court awarded summary judgment to J.P. Morgan entities on the plaintiffs’ … More January 11, 2023, opinions
Designated for publication Clement, J. (Smith, Clement, Haynes), Haynes, J., dissenting; Title VII, employment discrimination Affirming summary judgment dismissing plaintiff’s claims that he was not adequately trained for the testing that would determine if he would be retained or fired from Exxon’s polypropylene manufacturing facility because he was Black. The Court first held, differently from … More January 10, 2023, opinions
Designated for publication per curiam (Smith, Southwick, Douglas), criminal, restitution Affirming the denial of a motion for adjustment of a restitution order, holding that an inmate’s $1400 stimulus payment under the American Rescue Plan Act was not exempt from being applied toward a restitution order. Unpublished per curiam (King, Stewart, Haynes), criminal, guilty plea Affirming … More January 9, 2023, opinions
Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J. (joined by Richman, C.J.), concurring in judgment only; Ho, J. (joined by Richman, Southwick, JJ.), concurring in part … More January 3-6, 2023, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More December 2022 statistics
Designated for publication Southwick, J. (Higginbotham, Southwick, Higginson), appellate jurisdiction Dismissing appeal from denial of motion to quash grand jury subpoenas and compelling compliance with a grand jury subpoena. The Court held that “[t]here is no jurisdiction for appeals challenging a grand jury subpoena for production of documents unless (1) the appellant has been held … More December 28-30, 2022, opinions
