January 27, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Baker Hughes Saudi Arabia Co. v. Dynamic Industries, Inc., 23-30827, appeal from E.D. La.
    • Clement, J. (Clement, Graves, Ramirez), international arbitration
    • Reversing district court’s denial of motion to compel arbitration in international arbitral forum, and remanding for further proceedings. Also, granting in part and denying in part motion to strike reply brief.
    • The Court held that, although arbitral forum designated in parties’ contract had been abolished, the parties’ contract did not establish that dissolved forum as an exclusive arbitration forum, and their contract manifested a “dominant purpose … to arbitrate generally.”
  • National Automobile Dealers Association v. Federal Trade Commission, 24-60013, petition for review of FTC Final Rule
    • Higginbotham, J. (Higginbotham, Smith, Higginson), Higginson, J., dissenting; administrative law
    • Granting petition to review FTC rule and vacating Combating Auto Retail Scams Trade Regulation Rule (“CARS Rule”) on basis that FTC failed to issue an advance notice of proposed rulemaking in violation of its own regulations.
    • Judge Higginson dissented. “I dissent because the Rule was promulgated in 2022, after a decade of roundtables, comments, and over 100,000 consumer complaints, many leading to federal and state law enforcement actions against unfair and deceptive motor vehicle dealer practices. Petitioners participated in those public roundtables and submitted several of those comments. Moreover, once the Rule was promulgated, Petitioners submitted several comments, along with hundreds of pages of attachments. The FTC answered Petitioners’ arguments and responded explicitly to National Automobile Dealers Association’s comments when publishing the Final Rule. Even assuming advance notice was due, petitioners have failed to meet their burden in showing that the lack of a formal advance notice of rulemaking prejudiced them.” (Internal citations omitted).

Unpublished

  • Garza v. Energy Transfer Partners, L.L.P., 24-10208, appeal from N.D. Tex.
    • per curiam (Haynes, Duncan, Wilson), employment discrimination
    • Affirming summary judgment dismissal of former employee’s claims under the Texas Commission on Human Rights Act and the Uniformed Services Employment and Reemployment Rights Act.
  • U.S. v. Freeman, 23-10253, appeal from N.D. Tex.
    • per curiam (Davis, Stewart, Southwick), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Ramirez-Zermeno, 24-10606, appeal from N.D. Tex.
    • per curiam (Elrod, Haynes, Duncan), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Redding-Guidry v. Harmony Public Schools, 23-20619, appeal from S.D. Tex.
    • per curiam (Haynes, Duncan, Wilson), employment discrimination, sovereign immunity
    • Vacating dismissal of employment discrimination claims on basis that school district was an arm of the state that enjoyed the state’s sovereign immunity, and remanded for further fact development of sovereign immunity issues.
  • Catherine v. MDK 706, L.L.C., 24-30334, c/w 24-30421, appeal from E.D. La.
    • per curiam (Davis, Smith, Higginson), employment discrimination, Title VII
    • Vacating dismissal of employment discrimination claim as untimely, and remanding for further factual development regarding timeliness issues.
  • Spinosa v. Foremost Insurance Co., 24-30472, appeal from M.D. La.
    • per curiam (Haynes, Duncan, Wilson), insurance
    • Affirming dismissal of plaintiff’s insurance coverage claims.
  • Fitch v. Garland, 24-40017, appeal from E.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), Bivens claim
    • Affirming dismissal of federal prisoner’s Bivens claims.