April 30, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • BMC Software, Inc. v. International Business Machines Corp., 22-20463, appeal from S.D. Tex.
    • Jones, J. (Jones, Stewart, Duncan), breach of contract, fraudulent inducement
    • Reversing judgment and $1.6 billion in combined compensatory and punitive damages in favor of plaintiff on breach of contract and fraudulent inducement claims, holding that liability determination was in error.
    • The Court held that IBM’s actions in replacing BMC mainframe software on AT&T’s mainframe systems did not breach the outsourcing agreement and the non-displacement provision of that agreement, because the replacement of software was at AT&T’s instigation for “other valid business reasons.”
  • In re Rudder, 23-10725, appeal from N.D. Tex.
    • per curiam (Jones, Clement, Wilson), sanctions, attorney discipline
    • Affirming sanctions levied against appellant for the unauthorized practice of law, on district court’s findings that appellant, who was not admitted to any bar, engaged in unprivileged video meeting with a criminal detainee, offered legal advice, and attempted to get the detainee to sign a form appointing him as additional counsel.
    • “On appeal, Rudder argues that the Constitution does not afford federal courts inherent powers to sanction individuals for engaging in the unauthorized practice of law and, therefore, the district court erred in sanctioning him. But federal courts have the inherent power to police the conduct of litigants and attorneys who appear before them.” The Court held that this inherent power extended to conduct by nonlawyers who attempt to engage in the practice of law.

Unpublished

  • U.S. v. Jones, 23-10655, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Donnelly v. Academic Partnerships, L.L.C., 23-10724, appeal from N.D. Tex.
    • per curiam (Jones, Clement, Wilson), Title VII, employment discrimination
    • Affirming summary judgment dismissal of Title VII retaliation claims.
  • Kent v. Southern Towing Co., 23-30620, appeal from E.D. La.
    • per curiam (Jones, Clement, Wilson), maritime law
    • Affirming summary judgment dismissal of deckhand’s Jones Act and unseaworthiness claims against vessel owner arising from his injury while moving a diesel pump.
  • Thompson v. Social Security Administration, 23-30702, appeal from E.D. La.
    • per curiam (Jones, Clement, Wilson), social security
    • Affirming dismissal of plaintiff’s claims for disability insurance benefits and supplemental security income.
  • McBride v. Warden, 23-40193, appeal from E.D. Tex.
    • per curiam (Higginson, Willett, Oldham), habeas corpus
    • Affirming denial of § 2241 petition on inmate’s due process claims arising from disciplinary conviction and loss of good time credits.
  • U.S. v. Garcia, 23-50615, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.