March 17, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • EEOC v. Methodist Hospitals of Dallas, 17-10539, appeal from N.D. Tex.
    • Richman, C.J. (Richman, Southwick, Willett), Americans with Disabilities Act
    • Vacating in part and affirming in part summary judgment in favor of Methodist Hospitals on EEOC’s claims that Methodist violated the ADA, vacating summary judgment on claim that Methodist’s most-qualified-applicant policy violated the ADA when it refused to reassign a disabled applicant to a vacant role, and affirming summary judgment on claim that Methodist had failed to reasonably accommodate the disabled employee after she was not reassigned to the requested vacant position.
    • The Court agreed with the district court that reassignment to a vacant position in violation of Methodist’s most-qualified-applicant policy would not be an ADA “reasonable accommodation” in the normal run of cases; however, the Court held that the district court erred in failing to turn to the second step of the analysis, whether the requested accommodation of reassignment nonetheless was warranted by special circumstances on the particular facts of this case.
    • The Court affirmed summary judgment on the reasonable accommodation claim, based on the undisputed material fact that the plaintiff caused the breakdown in the interactive process.

Unpublished

  • Majestic Oil, Inc. v. Certain Underwriters at Lloyd’s, 21-20542, appeal from S.D. Tex.
    • per curiam (Clement, Duncan, Wilson), insurance
    • Vacating summary judgment in favor of insurer in coverage dispute, and remanding for reconsideration of evidentiary rulings under the applicable standard with regard to plaintiff’s proposed expert reports.
  • Klocke v. Watson, 22-10348, appeal from N.D. Tex.
    • per curiam (Richman, King, Higginson), defamation, timeliness
    • Affirming summary judgment dismissing defamation claims as untimely.
  • U.S. v. Curtis, 22-10818, appeal from N.D. Tex.
    • per curiam (Jolly, Wilson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Anderson-Brown v. Kroger Texas L.P., 22-10985, appeal from N.D. Tex.
    • Higginson, J. (King, Higginson, Willett), personal torts
    • Affirming summary judgment dismissing slip-and-fall claim.
  • U.S. v. Cawthorne, 22-30144, c/w U.S. v. Turner, 22-30152, appeal from W.D. La.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming loss calculation for purposes of sentencing on conviction of wire fraud.
  • U.S. v. Marks, 22-30426, appeal from W.D. La.
    • per curiam (Stewart, Dennis, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hicks, 22-30495, appeal from W.D. La.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming 292-month sentence on conviction of conspiracy to possess five or more grams of methamphetamine with the intent to distribute.
  • U.S. v. Carrillo-Rodriguez, 22-40590, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Zavala, 22-50751, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), habeas corpus
    • Dismissing for lack of appellate jurisdiction appeal from denial of § 2255 petition.
  • U.S. v. Gonzalez-Longoria, 22-50947, appeal from W.D. Tex.
    • per curiam (Higginbotham, Duncan, Wilson), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • Melgar-Ortiz v. Garland, 22-60451, petition for review of BIA order
    • per curiam (Smith, Southwick, Douglas), immigration
    • Denying Salvadoran citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of application for asylum, withholding of removal, and protection under the CAT.