August 11, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Palms v. Texas Children’s Hospital, Inc., 24-20174, appeal from S.D. Tex.
    • per curiam (Dennis, Haynes, Engelhardt), Engelhardt, J., dissenting; Title VII
    • Affirming summary judgment dismissal of plaintiff’s Title VII claim of religious discrimination after defendant granted plaintiff employee a religious accommodation for flu vaccination requirement.
    • Tisha Palms, a radiographer at Texas Children’s Hospital (TCH), sued the hospital for failure to accommodate her religious beliefs regarding a flu shot mandate. Initially, TCH denied her accommodation request but later granted it after she filed suit with an affidavit explaining how her religious beliefs prevented her from taking the vaccine. The district court granted summary judgment in favor of TCH, ruling that since the hospital eventually granted her accommodation, the claim was moot. On appeal, Palms failed to adequately challenge the district court’s reasoning or cite relevant legal authority, leading the appellate court to affirm the district court’s judgment, noting that Palms forfeited her argument by not addressing the court’s analysis.
    • While the panel majority would not see a reason to designate the opinion for publication, it did so at the request of the dissenting judge. The per curiam majority also observed that “[t]he dissenting opinion … addresses a majority of its own invention[.]”
    • Judge Engelhardt dissented. He opines that Palms’ religious discrimination claim should not be forfeited simply because the employer later granted an accommodation. The dissent emphasizes that the unlawful treatment Palms endured during the delay in providing the accommodation should not be disregarded, as it represents a clear violation of her rights under Title VII. Additionally, it asserts that the hospital wrongly required Palms to explain how her beliefs had changed from when she previously received the flu vaccine, which is not required by law to establish sincerity in religious beliefs. The dissent contends that Palms raised valid arguments that the hospital’s actions were discriminatory and that she is entitled to pursue her claim for relief, including potential damages.

Unpublished decisions

  • U.S. v. Tolbert, 25-10430, appeal from N.D. Tex.
    • per curiam (Stewart, Willett, Wilson), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • Banco Mercantil De Norte, S.A. v. Paramo, 24-20375, appeal from S.D. Tex.
    • per curiam (Elrod, Duncan, Engelhardt), discovery, sanctions
    • Affirming imposition of discovery-related sanctions against defendant.
  • Banco Mercantil De Norte, S.A. v. Paramo, 24-20542, appeal from S.D. Tex.
    • per curiam (Elrod, Duncan, Engelhardt), foreign discovery
    • Affirming denial of motion to quash subpoena for foreign discovery.
  • U.S. v. Magadan, 25-40060, appeal from S.D. Tex.
    • per curiam (Wiener, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Jones, 24-40293, appeal from S.D. Tex.
    • per curiam (Higginbotham, Engelhardt, Ramirez), criminal, restitution
    • Affirming restitution award as part of sentence on conviction of sex trafficking of minors.
  • U.S. v. Picon, 24-50292, appeal from W.D. Tex.
    • per curiam (Richman, Southwick, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Varela-Ruelas, 24-51031, appeal from W.D. Tex.
    • per curiam (Wiener, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.