May 22, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Hager v. Brinker Texas, Inc., 21-20235, appeal from S.D. Tex.
    • Dennis, J. (Dennis, Southwick, Wilson), Wilson, J., concurring (joined by Southwick, J.), racial discrimination, Title II
    • Reversing summary judgment in favor of defendant owner of restaurant, on plaintiff’s claims of racial discrimination in public accommodations after restaurant allegedly refused to seat her family group at a table and then offered the same table to her white fiancé; finding that there is a genuine dispute of material fact; and remanding for further proceedings.
    • “First, we find that the magistrate judge erred by classifying Sharnez’s evidence as entirely indirect, which necessitated the use of the McDonnell Douglas framework. Second, even overlooking the first error, we find that the magistrate judge erred in her application of the McDonnell Douglas framework because (a) Sharnez made out a prima facie case of racial discrimination; (b) the Venable declaration is not competent summary judgment evidence, so Brinker did not state a non-discriminatory reason for its conduct; and (c) Sharnez produced evidence of Brinker’s pretext. Finally, we hold that it was error for the magistrate judge to alternatively urge dismissal of Sharnez’s Title II claim on account of her deposition testimony.”
    • Judge Wilson concurred. He would find that there is sufficient direct evidence of discrimination and would not further employ the McDonnell Douglas framework. “Even so,” he also agrees with the majority opinion that a genuine dispute of fact also exists as to the pretextual non-discriminatory rationale offered by the defendant. He would part with the majority opinion as to the magistrate’s ruling admitting the Venable declaration.

Unpublished

  • U.S. v. Aveja, 22-11171, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Gipson, 23-10503, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal, sentencing
    • Affirming conviction and sentence for possession of a firearm by a felon.
  • U.S. v. Douglas, 23-10931, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Vasquez, 23-11106, appeal from N.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Holy Cross College, Inc. v. Criswell, 23-30085, appeal from E.D. La.
    • per curiam (Elrod, Willett, Duncan), FEMA, administrative law
    • Affirming judgment that college was not statutorily protected from deobligation of FEMA funds originally awarded for reconstruction of campus facilities after Hurricane Katrina; and that FEMA did not act arbitrarily and capriciously in its deobligation determination.
  • U.S. v. Cuevas, 23-50467, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • U.S. v. Martinez-Sosa, 23-50754, appeal from W.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal, sentencing
    • Affirming 57-month sentence on conviction of illegal reentry.
  • U.S. v. Harris, 23-50802, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • In re Fugedi, 24-40224, petition for writ of mandamus to S.D. Tex.
    • Ramirez, J. (Clement, Engelhardt, Ramirez), property law
    • Denying petition for writ of mandamus in suit to quiet title.