April 10, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Johnson v. Miller, 23-60199, appeal from N.D. Miss.
    • Willett, J. (Elrod, Willett, Duncan), employment, whistleblower, retaliation
    • Certifying to the Mississippi Supreme Court questions regarding the interplay between the Mississippi Tort Claims Act and the Mississippi Whistleblower Protection Act, in order to determine whether the plaintiff’s MWPA claims arising from his termination as the general manager of the Clarksdale Public Utilities Authority for reporting inefficiency and incompetence was subject to the procedural requirements of the MTCA. The question certified is:
      • When a plaintiff brings a claim against the government and its employees for tortious conduct under the MWPA, is that claim subject to the procedural requirements of the MTCA?
  • Kahlig Enterprises, Inc. v. Affiliated FM Insurance Co., 23-50144, appeal from W.D. Tex.
    • Higginson, J. (Wiener, Haynes, Higginson), insurance
    • Affirming summary judgment for defendant insurer on claims for breach of contract and violations of the Texas Insurance Code arising from the plaintiff’s claims for coverage after a storm damaged several of the plaintiff’s car dealerships and a car wash.
    • The Court held that the plaintiff failed to create a genuine dispute of material fact that it was entitled to replacement value under the policy rather than the actual cash value tendered by the insurer. The Court also held that the district court correctly found that the accrual date of the insured’s claim was the date on which it submitted a sworn statement of loss, not the earlier date when the insurer acknowledged coverage of the claim and requested a sworn statement of the amount lost. The Court also held that there was no error in the district court’s denial of prejudgment interest or attorneys’ fees.

Unpublished

  • Murphy v. Northside Independent School District, 23-50369, appeal from W.D. Tex.
    • per curiam (Jones, Dennis, Douglas), Title IX
    • Affirming 12(b)(6) dismissal of plaintiff’s Title IX claim that inequitable funding practices and inadequate training were the cause of injuries she incurred due to drills the school cheerleading coach made the cheerleaders complete as punishment for being late to practice. “The imposition of exercise as punishment is not a constitutional violation.”
  • U.S. v. Madrid, 23-50607, appeal from W.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing
    • Affirming 210-month sentence on conviction of conspiracy to possess with the intent to distribute actual methamphetamine.
  • U.S. v. Williams, 23-50728, appeal from W.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.