Designated for publication Graves, J. (Clement, Graves, Willett), venue Granting in part petition for writ of mandamus, vacating order denying transfer of venue, and remanding for district court to conduct appropriate venue analysis. The case stems from a November 2023 article by Media Matters criticizing X Corp. (formerly Twitter) for placing major brand ads alongside … More July 15, 2025, opinions
Designated for publication Douglas, J. (Dennis, Oldham, Douglas), Dennis, J., dissenting; sec. 1983, pretrial detention Affirming dismissal of claims by pretrial detainee regarding the alleged misuse of suicide watch protocols by county and county officials. Ronnie Alexander, a pretrial detainee at Henderson County Jail, was moved to a “violent cell” after he falsely claimed to … More July 10, 2025, opinions
Designated for publication Granting en banc rehearing of unpublished February 26, 2025, panel opinion (Barksdale, Southwick, Graves, per curiam) reversing denial of summary judgment dismissal of plaintiff’s implied-false-certification claim and remanding for dismissal of case. Higginson, J. (Davis, Higginson, Douglas), search and seizure, administrative law, standing Vacating summary judgment in favor of airplane part manufacturer … More June 26, 2025, opinions
Designated for publication Douglas, J. (Richman, Willett, Douglas), arbitration, Fair Labor Standards Act Affirming district court’s denial of motion compel arbitration on finding that defendant to plaintiff’s FLSA minimum-wage claim had waived its right to arbitrate. Dayana Garcia, a former server at Gloria’s restaurant chain, filed a Fair Labor Standards Act (FLSA) lawsuit alleging failure … More June 24, 2025, opinions
Designated for publication Duncan, J. (Haynes, Duncan, Wilson), foreign official immunity, Torture Victim Protection Act Affirming dismissal of TVPA claims against former Nigerian governor under foreign official immunity. In this case, the widows of men killed by Nigerian military forces during rallies in 2020 sued former Nigerian governor Willie Obiano in a Texas federal court … More May 29-30, 2025, opinions
Designated for publication Oldham, J. (Richman, Oldham, Ramirez, JJ.; Judges Richman and Ramirez did not concur in footnote 5); Fourth Amendment, state-law immunity, state constitutional claims, qualified immunity On claims arising from alleged conspiracy to steal documents from a cloud-based file storage system against various Texas agencies and in official- and individual-capacity against officials of … More May 28, 2025, opinions
Designated for publication Higginson, J. (Elrod, Dennis, Higginson), First Amendment, sovereign immunity Affirming in part and vacating in part preliminary injunction against state entities to enjoin Texas law limiting information provided under managed vision plans, as an impingement on commercial speech, and affirming in part and vacating in part motion to dismiss on sovereign immunity … More May 23, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Jones, Stewart), administrative law, First Amendment Vacating FCC order requiring certain disclosures by broadcasters of employment demographics information. Petitioners challenged the FCC’s order requiring broadcasters to submit employment data through Form 395-B, raising four arguments, but the Court focused solely on the first: whether the FCC had statutory authority … More May 19, 2025, opinions
Designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), personal tort, Federal Tort Claims Act Affirming judgment in favor of plaintiff in personal injury and death arising from an auto collision with a U.S. Postal Service vehicle that then caused the plaintiff to go forward and collide with his neighbor’s house. The Court analyzed a case … More May 16-18, 2025, opinions
Designated for publication Engelhardt, J. (Graves, Engelhardt, Oldham), Graves, J., dissenting; Americans with Disabilities Act Affirming dismissal of former employee’s ADA claims on the pleadings. The Court held that Turner cannot establish a prima facie case of disability discrimination under the ADA because he failed to demonstrate that he was “qualified” for the job, having … More May 14, 2025, opinions
