February 16, 2023, opinions

Designated for publication

  • ACS Primary Care Physicians SW, P.A. v. UnitedHealthcare Insurance Co., 21-20168, appeal from S.D. Tex.
    • King, J. (King, Graves, Ho), insurance
    • Reversing district court’s judgment that Texas’s Emergency Care Statutes’ provision that medical insurers must reimburse out-of-network emergency care providers at their “usual and customary rate” creates a private right of action. After the Texas Supreme Court, on a certified question, held that the statutes do not create a private right of action, the Court reversed the district court’s denial of the insurer defendant’s motion to dismiss the Emergency Care Statutes claim, and remanded for further proceedings.


  • Watson v. School Board of Franklin Parish, 22-30038, appeal from W.D. La.
    • Higginson, J. (Stewart, Dennis, Higginson), employment discrimination, Title VII
    • Reversing summary judgment dismissing plaintiff’s Title VII claims arising from school board’s hiring of a less-experienced, white candidate for its superintendent position, on finding that the plaintiff “provided evidence that she was clearly better qualified than the white man who was selected,” and remanding for further proceedings.
  • U.S. v. Gonzalez-Solano, 22-50369, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.