October 29, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Restaurant Law Center v. U.S. Department of Labor, 23-50562, appeal from W.D. Tex.
    • Elrod, C.J. (Elrod, Graves, Ashe, by designation), administrative law, Fair Labor Standards Act
    • Granting petition for panel rehearing of Aug. 23, 2024 panel opinion that reversed summary judgment in favor of the DOL and vacated DOL rule restricting when employers can claim a “tip credit” for “tipped employees” for purposes of the FLSA; and substituting new opinion with the same result, holding, “The Final Rule fails under the Administrative Procedure Act twice over. Because the Final Rule is contrary to the Fair Labor Standards Act’s clear statutory text, it is not in accordance with law. And because it imposes a line-drawing regime that Congress did not countenance, it is arbitrary and capricious.”

Unpublished

  • U.S. v. Conner, 24-10261, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia, 24-10312, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Dowell, 24-20203, appeal from S.D. Tex.
    • per curiam (Smith, Graves, Engelhardt), criminal
    • Dismissing as frivolous appeals from post-conviction orders for which there is no appellate jurisdiction.
  • Buchicchio v. LeBlanc, 23-30116, appeal from M.D. La.
    • per curiam (Davis, Southwick, Ho), qualified immunity
    • Affirming denial of motion dismiss over-detention claim based on qualified and sovereign immunity.
  • U.S. v. Tripp, 23-30182, appeal from M.D. La.
    • per curiam (Davis, Stewart, Southwick), criminal, sentencing
    • Affirming 234-month sentence on conviction of receipt of child pornography.
  • U.S. v. Johnson, 24-30267, appeal from W.D. La.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Maldonado, 24-40176, appeal from S.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Plata-Garza, 24-40206, appeal from S.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mata, 24-50098, appeal from W.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.