August 25, 2021 opinions

Designated for publication Jennings v. Towers Watson, 19-11028, appeal from N.D. Tex. Higginson, J. (King, Higginson, Wilson), Title VII, employment discrimination, Americans with Disabilities Act Affirming summary judgment in favor of former-employer defendant on plaintiff’s claims for state-law civil conspiracy, hostile work environment under Title VII and the ADA, disability discrimination under the ADA, racial … More August 25, 2021 opinions

August 23, 2021 opinions

Designated for publication U.S. v. Moparty, 19-20797, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Costa), criminal, sentencing, sufficiency of evidence, harmless error Affirming convictions and sentences of co-defendants for health care fraud, conspiracy to commit health care fraud, and money laundering. One co-defendant (Moparty) was sentenced to 108 months’ imprisonment; the other (Narang) was … More August 23, 2021 opinions

August 20, 2021 opinions

Designated for publication Maxim Crane Works, L.P. v. Zurich American Insurance Co., 19-20489, appeal from S.D. Tex. per curiam (Smith, Ho, Oldham), insurance, Texas Anti-Indemnity Act, standing Certifying question of interpretation of the term “employee” in the Texas Anti-Indemnity Act to the Texas Supreme Court; and holding that district court did not err in declining … More August 20, 2021 opinions

August 19, 2021 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. En banc (Owen, Jones, Smith, Stewart, Dennis, Elrod, Haynes, Graves, Higginson, Costa, Willett, Ho, Engelhardt, Wilson) (recused: Southwick, Duncan, Oldham) Elrod and Willett, JJ., plurality (joined by Jones, Smith, Ho, Engelhardt, Wilson in full; concurred in judgment only by Owen and Haynes); … More August 19, 2021 opinions

August 13, 2021 opinions

Designated for publication Hernandez v. Garland, 19-60274, petition for review of BIA order Jones, J. (Jones, Costa, Duncan), Costa, J., dissenting; immigration Denying Salvadoran citizen’s petition for review of BIA order denying motion to reconsider prior order of removal or alternatively to reopen proceedings. BIA deemed the motion as a motion to reconsider, concluded that … More August 13, 2021 opinions

August 5, 2021 opinions

Designated for publication Parish of Plaquemines v. Chevron USA, Inc., 19-30492, appeal from E.D. La.; c/w Parish of Cameron v. BP America Production Co., 19-30829, appeal from W.D. La. Ho, J. (Ho, Engelhardt, Oldham), removal Granting panel rehearing, withdrawing original panel opinion, denying en banc rehearing; affirming in part, reversing in part, and remanding for … More August 5, 2021 opinions

August 4, 2021 opinions

Air Evac EMS, Inc. v. Sullivan, 18-50722, appeal from W.D. Tex. Ho, J. (Stewart, Clement, Ho), preemption Affirming summary judgment in favor of plaintiff, to enjoin enforcement of provisions of the Texas Workers’ Compensation Act that put caps on the amount insurers must pay providers of emergency air transport services, on the basis that the … More August 4, 2021 opinions

July 27-28, 2021 opinions

Designated for publication U.S. v. Jackson, 19-10627, appeal from N.D. Tex. per curiam (Wiener, Elrod, Higginson), criminal, crime of violence Vacating conviction of using a facility in aid of a racketeering enterprise with intent to commit a “crime of violence”; holding that predicate offense of sex trafficking of children is not a “crime of violence,” … More July 27-28, 2021 opinions

July 15, 2021 opinions

Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), abortion law, § 1983, sovereign immunity Affirming in part and reversing in part district court’s denial of motion to dismiss on sovereign immunity grounds suit by Planned Parenthood against the director of the Louisiana Department … More July 15, 2021 opinions

July 14, 2021 opinions

Designated for publication U.S. v. Castro, 18-10137, appeal from N.D. Tex. Oldham, J. (Ho, Oldham, Wilson), habeas corpus Vacating certificate of appealability and dismissing appeal. “A judge on our court granted Adrian Castro a certificate of appealability. It’s undisputed that the COA is invalid under 28 U.S.C. § 2253(c)(2)–(3) because it fails to specify a … More July 14, 2021 opinions