April 3, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Sheet Pile, L.L.C. v. Plymouth Tube Co., USA, 23-50123, appeal from W.D. Tex.
    • Willett, J. (Willett, Wilson, Ramirez), breach of contract
    • Affirming summary judgment in favor of defendant on plaintiff’s breach of contract and fraud claims arising from alleged breach of supplier-exclusivity agreement between defendant and plaintiff’s predecessor-in-interest.
    • The Court held that the plaintiff’s breach of contract claim was time-barred on its face, and that the discovery rule would not apply under Texas law to the breach of contract injuries, which by their nature could be timely discovered through due diligence.
    • The Court held that the plaintiff’s fraud claim failed as a matter of law because it did not create a genuine issue of fact that the defendant’s representation about no longer selling certain products that were subject to the parties’ exclusivity provision was untrue at the time the representation was made.

Unpublished

  • Dawes v. City of Dallas, 22-10876, appeal from N.D. Tex.
    • per curiam (Dennis, Engelhardt, Oldham), Dennis, J., dissenting in part; qualified immunity, municipal liability
    • Affirming summary judgment dismissal of officers in fatal shooting, on basis of qualified immunity, but remanding the municipal liability claims for further consideration.
    • Judge Dennis dissented in part, disagreeing with the affirmance of the qualified immunity judgment as to the two officer defendants. “The majority’s approval of the district court’s misguided judgment extending qualified immunity to Hess and Kimpel is not only incorrect as a matter of law, but also serves to condone the inexcusable incompetence displayed by these two officers—both of whom were suspended or terminated from their positions as police officers for having violated their department’s use-of-force policy.”
  • U.S. v. Medina, 22-50183, appeal from W.D. Tex.
    • per curiam (Jones, Barksdale, Elrod), criminal, First Step Act, sentencing
    • Affirming resentencing, without benefit of the First Step Act, where initial sentencing was prior to the enactment of the Act.
  • U.S. v. Jimenez, 23-10213, appeal from N.D. Tex.
    • per curiam (Richman, Oldham, Ramirez), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Romero, 23-10666, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Archer v. Kennedy, 23-10856, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), legal malpractice
    • Affirming summary judgment in favor of defendants on plaintiffs’ professional negligence claim.
  • Eubanks v. Nelson, 23-10936, appeal from N.D. Tex.
    • per curiam (Smith, Haynes, Douglas), election law, standing
    • Affirming dismissal for lack of standing of pro se plaintiffs’ suit against county and state officials for use of electronic voting machines.
  • U.S. v. Salgado, 23-10937, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Martinez, 23-10966, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Quezada, 23-11127, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia-Hernandez, 23-50149, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Ramirez v. Plains All American GP, L.L.C., 23-50305, appeal from W.D. Tex.
    • per curiam (King, Ho, Engelhardt), employment discrimination, Batson challenge, jury instructions
    • Affirming judgment on jury verdict for defendant-employer on plaintiff’s age discrimination claim, upholding denial of plaintiff’s Batson challenge and rejection of proposed cat’s paw jury instruction.
  • U.S. v. Lopez, 23-50475, appeal from W.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.