Designated for publication per curiam (Richman, Higginbotham, Willett), Richman, C.J., dissenting in part; securities law, fraud, breach of contract Affirming summary judgment dismissal of extracontractual and Texas Securities Act fraud claims; but reversing summary judgment on federal securities law and Delaware common law fraud claims; and remanding for further proceedings. Claims arose from an agreement … More May 23-29, 2024, opinions
Designated for publication Dennis, J. (Dennis, Southwick, Wilson), Wilson, J., concurring (joined by Southwick, J.), racial discrimination, Title II Reversing summary judgment in favor of defendant owner of restaurant, on plaintiff’s claims of racial discrimination in public accommodations after restaurant allegedly refused to seat her family group at a table and then offered the same … More May 22, 2024, opinions
Unpublished per curiam (Smith, Higginson, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Ho, Ramirez), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Elrod, Oldham, Wilson), criminal, supervised release Affirming supervised release term that, if the defendant’s probation officer determines that the defendant poses a risk to … More May 10, 2024, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Higginson), bankruptcy, Burford abstention Reversing denial of claimant’s motion for Burford abstention in adversarial proceeding brought by debtor trustee to challenge the creditor’s proof of claim; reversing denial of motion to dismiss certain claims that parties agreed were claims for equitable relief; and vacating dismissal of remaining damages … More April 29, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions
Designated for publication per curiam (King, Ho, Engelhardt), criminal, search and seizure, Miranda rights Affirming conviction of possession with intent to distribute heroin, fentanyl, and cocaine, upholding denial of motion to suppress. The Court held that the record contained sufficient evidence of probable cause to conduct a warrantless search of the defendant’s vehicle, obviating the … More April 5-8, 2024, opinions
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
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 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 per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions
