August 23, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Ancor Holdings, L.P. v. Landon Capital Partners, L.L.C., 23-10552, appeal from N.D. Tex.
    • Engelhardt, J. (Clement, Engelhardt, Wilson), breach of contract, tortious interference
    • Reversing judgment as a matter of law to defendant on plaintiff’s declaratory judgment claim; reversing judgment as a matter of law to co-defendant on plaintiff’s declaratory judgment and tortious interference claims; remanding for jury trial on the reversed claims; affirming denial of judgment as a matter of law to defendant on plaintiff’s breach of contract claim, and remanding for further proceedings.
  • Restaurant Law Center v. U.S. Department of Labor, 23-50562, appeal from W.D. Tex.
    • Elrod, J. (Elrod, Graves, Ashe), Fair Labor Standards Act, administrative law
    • Reversing summary judgment in favor of Department of Labor, and rendering summary judgment in favor of restaurant associations in challenge to DOL rule restricting when employers can claim a “tip credit” for “tipped employees” for purposes of the FLSA, holding that rule was arbitrary and capricious under the Administrative Procedure Act; and vacating rule.
  • Arnesen v. Raimondo, 24-60055, appeal from S.D. Miss.
    • Higginson, J. (Wiener, Haynes, Higginson), Appointment Clause, removal power
    • Remanding to district court to determine whether the adoption of an amendment to catch limits of amberjack under the Magnuson-Stevens Fishery Conservation and Management Act by the Assistant Administrator of the National Marine Fisheries Service was a ratification of the decision by the Regional Fishery Management Council that cured any appointment or removal clause violations in the makeup of the Council.

Unpublished

  • Hart v. Daniels, 23-40639, appeal from E.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), habeas corpus
    • Affirming dismissal of § 2241 petition.
  • U.S. v. Saldivar-Navarro, 23-50765, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Howard-Rios, 24-10134, appeal from N.D. Tex.
    • per curiam (Davis, Smith, Higginson), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • Diez v. Texas Department of Criminal Justice, 24-40350, appeal from S.D. Tex.
    • per curiam (King, Southwick, Engelhardt), prisoner suit
    • Dismissing for lack of jurisdiction appeal from dismissal of part of Texas state prisoner’s § 1983 claims.