October 30, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Texas Medical Association v. U.S. Department of Health and Human Services, 23-40605, appeal from E.D. Tex.
    • Haynes, J. (Southwick, Haynes, Douglas), administrative law
    • Reversing in part and affirming in part district court’s ruling on plaintiff healthcare providers’ and air-ambulance providers’ challenge to HHS rules regarding the No Surprises Act; reversing vacatur of rule regarding how to calculate “qualifying payment amount” under the NSA, affirming vacatur of deadline provision in the rules, and affirming district court’s holding that certain disclosure requirements are not arbitrary and capricious.
  • McVae v. Perez, 23-50703, appeal from W.D. Tex.
    • Engelhardt, J. (Jones, Willett, Engelhardt), qualified immunity
    • Affirming qualified immunity summary judgment for officer who fatally shot pursuit-suspect three times in the back after suspect threw a rock at him, based on body-cam video footage.
    • The Court concluded, “[T]hat McVae could have picked up another rock at any time makes this case more akin to ‘furtive gesture’ cases ‘in which the officer could reasonably fear that the suspect was about to pull a gun from a waistband or other hidden location.’ By arguing that the threat had ceased because McVae was running away unarmed in the moment Trooper Perez shot him, Plaintiffs define the issue much too narrowly. Trooper Perez was not obligated to give McVae a second chance.” (Citations omitted).

Unpublished

  • U.S. v. Conley, 24-10192, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Womack, 24-10400, appeal from N.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • U.S. v. Meeks, 24-10403, appeal from N.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • Lowery v. Texas A&M University, 23-20481, appeal from S.D. Tex.
    • per curiam (Jones, Willett, Engelhardt), employment discrimination, standing
    • Affirming dismissal for lack of standing of tenured professor’s claims that applicants for professorships are discriminated against on the bases of race and sex.
  • Kling v. Hebert, 21-30658, appeal from M.D. La.
    • per curiam (Stewart, Dennis, Higginson), First Amendment, timeliness
    • Vacating district court’s dismissal of plaintiff’s First Amendment claims arising from alleged retaliatory firing as prescribed on the basis that his prior state-court claims had not interrupted prescription of his federal claim, and remanding to the district court for reconsideration in light of the Louisiana Supreme Court’s intervening decision on the issue.
  • U.S. v. Escalera-Rodriguez, 24-50143, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Rubalcada, 24-50330, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Fernandez-Martinez, 24-50399, appeal from W.D. Tex.
    • per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing
    • Affirming 12-month sentence on conviction of conspiracy to transport aliens unlawfully present in the United States and transporting aliens unlawfully present in the United States for financial gain.
  • Cabello v. Hijar, 24-50407, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), habeas corpus
    • Affirming dismissal of § 2241 petition for lack of jurisdiction.
  • Evans v. Supreme Court of New York, 24-50465, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), writ of prohibition
    • “In the petition, Evans sought to stay the prosecution of former President Donald Trump in New York state court. Contrary to Evans’s assertions, the district court correctly determined that it lacked authority to issue a writ in these circumstances.”
  • U.S. v. Holguin, 23-50642, appeal from W.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal, Confrontation Clause
    • Affirming conviction of possession with intent to distribute methamphetamine, finding that there were no hearsay or Confrontation Clause errors.