December 10-14, 2021, opinions

Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions

December 1, 2021, opinions

Designated for publication Angel Brothers Enterprises, Ltd. v. Walsh, 20-60849, petition for review of OSH Review Commission Decision Costa, J. (Jones, Costa, Duncan), Jones, J., dissenting; administrative law, occupational safety Denying petition for review of decision by the Occupational Safety and Health Review Commission, which imputed supervisor’s knowledge of safety rule violation (doing excavation work … More December 1, 2021, opinions

November 8, 2021, opinions

Designated for publication U.S. v. Barlow, 18-30994, appeal from M.D. La. Southwick, J. (Clement, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Armed Career Criminal Act Affirming district court’s denial of petitioner’s § 2255 petition for post-conviction relief based on ineffective assistance of counsel and the application of the Armed Career Criminal Act. Petitioner pled … More November 8, 2021, opinions

November 5-6, 2021, opinions

Designated for publication Houston v. Texas Department of Agriculture, 20-20591, appeal from S.D. Tex. Higginson, J. (King, Higginson, Wilson), retaliation, Family and Medical Leave Act, Rehabilitation Act Affirming summary judgment dismissal of plaintiff’s claims of retaliation for exercising rights under the Family and Medical Leave Act and for discrimination under the Rehabilitation Act. The Court … More November 5-6, 2021, opinions

October 26, 2021, opinions

Designated for publication Mandawala v. Northeast Baptist Hospital, 20-50981, appeal from W.D. Tex. Smith, J. (Jones, Smith, Haynes), Haynes, J., concurring in judgment only; discrimination, recusal Affirming dismissal of pro se plaintiff’s claims against school, arising from failure of classes, for racial discrimination, First Amendment retaliation, loss of procedural due process, defamation, and intentional infliction … More October 26, 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 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 21, 2021 opinions

Designated for publication Landry’s, Inc. v. The Insurance Co. of the State of Pennsylvania, 19-20430, appeal from S.D. Tex. Oldham, J. (Smith, Oldham; Ho, recused, op. by quorum); insurance Reversing district court’s summary judgment that insurer did not have a duty to defend retail chain that was defending itself against a claim by the processing … More July 21, 2021 opinions

July 7, 2021 opinions

Designated for publication Health Choice Alliance, L.L.C. v. Eli Lilly & Co., 19-40906, appeal from E.D. Tex. Elrod, J., (Higginbotham, Elrod, Haynes), Higginbotham, J., concurring; False Claims Act, qui tam Affirming dismissal of Health Choice entities’ qui tam actions under the False Claims Act, on the United States’ motion to dismiss the actions. The Health … More July 7, 2021 opinions