Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), Dennis, J., dissenting; bankruptcy Vacating bankruptcy court’s award of $239,655 in compensatory damages on civil contempt award, and remanding for further proceedings. The Court held that the bankruptcy court’s limited contempt power–limited to civil contempt–meant that it may only shift fees that are compensatory for actual expenses … More April 4, 2024, opinions
Designated for publication Willett, J. (Willett, Wilson, Ramirez), breach of contract Affirming summary judgment in favor of defendant on plaintiff’s breach of contract and fraud claims arising from alleged breach of supplier-exclusivity agreement between defendant and plaintiff’s predecessor-in-interest. The Court held that the plaintiff’s breach of contract claim was time-barred on its face, and that … More April 3, 2024, opinions
Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Douglas, Ramirez, JJ.) (Judges Southwick, Graves, and Wilson recused); Dennis, J., concurring in judgment only (joined by Higginson, Ramirez, JJ.); Ho, J., concurring (joined by Stewart, Elrod, Higginson, Ramirez, JJ.); mootness, appellate jurisdiction, standing In en banc … More April 1-2, 2024, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More March 2024 opinion statistics
Unpublished per curiam (Jones, Southwick, Ho), prisoner suit Affirming dismissal of Texas state prisoner’s suit as frivolous. per curiam (Wiener, Stewart, Douglas), criminal, sentencing Affirming imposition of standard supervised release terms as part of sentence for conviction of kidnapping, carjacking, and transportation of a stolen vehicle in interstate commerce. per curiam (Jolly, Smith, Haynes), criminal … More March 27-30, 2024, opinions
Designated for publication per curiam (Willett, Wilson, Ramirez), insurance, arbitration Reversing district court’s denial of motion to stay litigation and compel arbitration, and remanding with instructions to grant the motion. The plaintiff insured had a uniform policy allocated separately across ten insurers, eight domestic and two foreign, which contained an arbitration provision. After Hurrican Laura … More March 26, 2024, opinions
Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), criminal, sentencing Affirming 88-month sentence on conviction of conspiracy to distribute and to possess with intent to distribute a controlled substance. per curiam (King, Ho, Engelhardt), attorney discipline Remanding order of nine-month extension of suspension … More March 25, 2024, opinions
Designated for publication Clement, J. (Clement, Engelhardt, Oldham), prisoner suit Vacating dismissal of Texas state prisoner’s Eighth Amendment claim based on chronic sleep deprivation, where prison’s schedule only allowed three and a half hours of interrupted sleep, and remanding for further proceedings. The Court held that the district court applied the wrong standard when it … More March 22, 2024, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Higginson), Higginson, J., dissenting; product liability Reversing denial of judgment as a matter of law after jury verdict for plaintiff in manufacturing defect case arising from plaintiff’s injury while using propane tank manufactured by defendant, finding insufficient evidence to support the jury verdict, and rendering JMOL for defendant. … More March 21, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), receivership Granting petition for panel rehearing of original panel decision that affirmed the district court’s denial of motions for $79 million set-off from order allowing receiver to recover from an investor in Stanford Ponzi scheme, where panel had affirmed on basis that investor had failed to timely … More March 20, 2024, opinions
