Designated for publication per curiam (Richman, Ho, Engelhardt), Ho, J., concurring in judgment only; § 1983 Affirming dismissal of § 1983 and other claims by plaintiffs–survivors of man who committed suicide after his arrest for involvement in a scheme to take a picture of Senator’s nursing-home-bound wife for use in a campaign video. The Court … More July 27, 2023, opinions
Designated for publication per curiam (Haynes, Engelhardt, Saldaña, by designation), Engelhardt, J., concurring; criminal, sentencing Affirming upward departure from 15-21-month guidelines range to impose 72-month sentence for convictions of identity theft and possession of a firearm by a convicted felon. The Court held that the district court did not abuse its discretion, as the district … More July 26, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Engelhardt), Higginbotham, J., dissenting in part; criminal, sufficiency of evidence, jury instructions, Sixth Amendment, hearsay Affirming convictions of doctor and pharmacists in “pill mill” operation of controlled substance distribution and conspiracy counts, rejecting argument that there was not sufficient evidence to overcome the Controlled Substances Act’s exemption for … More July 25, 2023, opinions
Designated for publication Elrod, J. (Elrod, Ho, Oldham), Oldham, J., dissenting in part; qualified immunity Reversing summary judgment in favor of defendant jail officials on qualified immunity grounds, and remanding for further proceedings. The plaintiff’s claims arise from being tasered while a pretrial detainee, when he alleges he was being fully compliant with the jail … More July 24, 2023, opinions
Designated for publication per curiam (en banc), labor law Ordering rehearing en banc; vacating March 31, 2023, panel opinion that had denied petitions for review of NLRB order finding that Tesla CEO Elon Musk posted an unlawful threat on Twitter, that employee was unlawfully terminated, that Tesla did not unlawfully solicit and promise to remedy … More July 21, 2023, opinions
Designated for publication Duncan, J. (Wiener, Southwick, Duncan), breach of contract, COVID-19 Reversing dismissal of students’ putative class claims for breach of contract when defendant university failed to refund tuition and fees after switching to remote instruction during the COVID-19 pandemic, finding that the plaintiffs had adequately pled a breach of contract claim; but certifying … More July 19-20, 2023, opinions
Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., concurring; Title IX, sec. 1983 Denying rehearing en banc, and withdrawing prior panel opinion and substituting new opinion, reversing denial of qualified immunity dismissal of sec. 1983 claim on state-created danger grounds, and remanding for proceedings of Title IX claims arising from sexual assault of … More July 14-18, 2023, opinions
Designated for publication Douglas, J. (Higginbotham, Graves, Douglas), insurance Certifying to Texas Supreme Court question of whether attorneys’ fees are still owed under the Texas Prompt Payment of Claims Act after insurer makes payment of appraisal award plus interest. Wilson, J. (Wiener, Higginson, Wilson), Fair Labor Standards Act Reversing dismissal of plaintiffs’ FLSA overtime claims, … More July 12, 2023, opinions
Designated for publication Elrod, J. (King, Smith, Elrod), criminal, sex offender registration Reversing order granting request to terminate sex offender registration obligation. The Court held that “the unambiguous language of the Sex Offender Registration and Notification Act deems Nazerzadeh a tier II sex offender, and … that status demands that his registration continues.” Graves, J. … More July 11, 2023, opinions
Designated for publication Stewart, J. (Richman, Stewart, Douglas), prisoner suit Dismissing appeal of dismissal of Texas state prisoner’s suit against medical personnel, upon denying motion to proceed in forma pauperis under 28 U.S.C. § 1915(g) and upon failure to pay required filing fees. The Court held that the plaintiff has accumulated more than three strikes … More July 10, 2023, opinions
