Designated for publication
- Baylor Scott & White Holdings v. Factory Mutual Insurance Co., 23-40395, appeal from E.D. Tex.
- Ramirez, J. (Elrod, Duncan, Ramirez); Elrod, J., dissenting; insurance
- Affirming dismissal of plaintiff’s claim for business-interruption coverage for losses arising from COVID-19. “BSW characterizes the Policy’s language as unique because it ‘covers “physical loss or damage” caused by communicable disease,’ which makes the coverage ‘broader than a typical policy.’ But as stated, we have held that COVID-19 does not physically harm property. BSW does not adequately distinguish our precedent.” (Citation omitted).
- Judge Elrod dissented. She would not apply the Court’s precedent as a broad legal rule, but as a factual explanation for why most such cases have failed. Here, she would reverse a 12(b)(6) dismissal because the plaintiff “pleaded tangible alterations to the property, instead of merely alleging ‘physical harm’ in a conclusory manner.”
Unpublished
- U.S. v. Jimenez-Maldonado, 23-50768, appeal from W.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Bustillo-Funes v. Garland, 23-60509, petition for review of BIA order
- per curiam (Smith, Higginson, Engelhardt), immigration
- Denying in part and dismissing in part Honduran citizen’s petition for review of BIA order dismissing his appeal from an order of an Immigration Judge (IJ) denying his motion to reopen his proceedings and rescind an in absentia removal order and implicitly denying his motion to remand so that he could apply for relief.
- U.S. v. Chavez, 24-10064, appeal from N.D. Tex.
- per curiam (Davis, Willett, Oldham), criminal, sentencing
- Affirming conviction and 97-month sentence for possession of a firearm by a felon.
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