Tag: § 1983

June 30, 2026, opinions

July 3, 2026

Designated for publication Duncan, J. (Jones, Duncan, Douglas), Douglas, J., dissenting (oral argument); administrative law, nondelegation doctrine, Seventh Amendment, major questions doctrine Granting petition for review of HHS enforcement order imposing fine for selling of unauthorized vaping products, and vacting decision. Texas Tobacco Barn (TTB), a Lubbock, Texas vape shop, applied for FDA premarket authorization … More June 30, 2026, opinions

June 15, 2026, opinions

June 16, 2026

Designated for publication Higginson, J. (King, Higginson, Wilson) (no oral argument), False Claims Act, settlement agreement Affirming district court’s judgment enforcing oral settlement agreement reached at mediation of False Claims Act claim. The United States sued Dr. Dongxin Ma and Ma Acupuncture PC under the False Claims Act for allegedly submitting approximately $1.3 million in … More June 15, 2026, opinions

June 12, 2026, opinions

June 15, 2026

Designated for publication Higginson, J. (Haynes, Higginson, Ho) (oral argument withdrawn), § 1983, sovereign immunity, supplemental jurisdiction Affirming as dismissal of § 1983 claims against Texas DOT as subject to sovereign immunity; and affirming declination to exercise supplemental jurisdiction over state-law claims, though modified to be a dismissal without prejudice. John Gannon, Inc. owned billboards … More June 12, 2026, opinions

June 9 2026, opinions

June 10, 2026

Designated for publication Douglas, J. (Southwick, Higginson, Douglas) (oral argument), trade secrets, RICO Reversing dismissal of plaintiff’s RICO/theft-of-trade-secrets claim, and remanding for further proceedings. EnvTech, Inc. is a company that developed a confidential proprietary one-step chemical formula and cleaning process for hydrofluoric acid alkylation (“HF alky”) units in oil refineries, controlling roughly 80% of the … More June 9 2026, opinions

June 8, 2026, opinions

June 9, 2026

Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Affirming tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. As Anne Milner Fields’s health rapidly declined in 2016 due to end-stage Alzheimer’s, her great-nephew and agent Bryan Milner transferred approximately $17 million of her assets into … More June 8, 2026, opinions

June 4, 2026, opinions

June 5, 2026

Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument at motion stage), Haynes, J., concurring in order only (w/o op.); First Amendment, vagueness, injunctions Granting defendant Texas’s motion for stay of preliminary injunction pending appeal regarding SB 2420, which placed age and parental-guidance regulations on app stores and in-app purchases. The Texas Legislature … More June 4, 2026, opinions

June 2, 2026, opinions

June 3, 2026

Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions

May 19, 2026, opinions

May 20, 2026

Unpublished decisions per curiam (Stewart, Willett, Wilson) (no oral argument), habeas corpus Dismissing as frivolous appeal from dismissal of § 2244 petition challenging convictions for receipt and possession of child pornography, and whether his actual-innocence claim satisfied the savings clause of 28 U.S.C. § 2255(e). Relying on Jones v. Hendrix, 599 U.S. 465 (2023), the … More May 19, 2026, opinions

May 18, 2026, opinions

May 19, 2026

Designated for publication Smith, J. (Higginbotham, Smith, Oldham) (oral argument), immigration, Administrative Procedures Act, timeliness Affirming dismissal of claims arising from denial of issuance of passport to plaintiff on basis of failure to prove citizenship. Hector Cortez claims he was born in Laredo, Texas. About a decade ago, he used his U.S. passport to travel … More May 18, 2026, opinions

May, 8, 11, 12, 2026 opinions

May 13, 2026

Designated for publication Jones, J. (Jones, Duncan, Douglas) (no oral argument), Americans with Disabilities Act Affirming dismissal of ADA claims. Albert Hayes worked as an IT systems administrator for Army contractor GStek at Fort Polk. After COVID-era telework ended and he was required to return to the office, Hayes was diagnosed with Autism, Major Depressive … More May, 8, 11, 12, 2026 opinions