April 20, 2022, opinions

Designated for publication Vista Health Plan, Inc. v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, finality of judgment Withdrawing panel opinion from March 17, 2022, which affirmed district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS … More April 20, 2022, opinions

March 14-18, 2022, opinions

Designated for publication U.S. v. Castro, 18-10137, appeal from N.D. Tex. Oldham, J. (Ho, Oldham, Wilson), habeas corpus Denying petition for rehearing, but withdrawing prior panel opinion and substituting new opinion that vacates Certificate of Appealability and dismisses appeal from denial of § 2255 petition. The Court held that it had the power to vacate … More March 14-18, 2022, opinions

December 17, 2021, opinions

Designated for publication DeOtte v. Nevada, 19-10754, appeal from N.D. Tex. Southwick, J. (Higginbotham, Southwick, Engelhardt), Affordable Care Act, Religious Freedom and Restoration Act, mootness, intervention Vacating district court’s injunction of the 2015 rules implementing the contraception mandate of the ACA, in light of Little Sisters of the Poor Saints Peter and Paul Home v. … More December 17, 2021, opinions

August 6, 2021 opinions

Designated for publication Johnson v. PRIDE Industries, Inc., 19-50173, appeal from W.D. Tex. Dennis, J. (Dennis, Elrod, Costa), employment discrimination Affirming in part, reversing in part, and remanding summary judgment dismissal of plaintiff’s § 1981 employment discrimination and retaliation claims against former employer. The Court held that the plaintiff raised a genuine issue of material … More August 6, 2021 opinions

July 23, 2021 opinions

Designated for publication Texas v. U.S., 19-10011, appeal from N.D. Tex. per curiam (King, Elrod, Engelhardt), Affordable Care Act On remand from the U.S. Supreme Court, which had vacated the Fifth Circuit panel’s opinion upholding states’ challenge to the ACA, Court entered order vacating district court’s opinion and remanding to district court to dismiss suit. … More July 23, 2021 opinions

Take the Fifth: Oct. 15, 2020 opinions

Designated for Publication Taylor v. McDonald, 18-11572, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), prisoner suit, § 1983, qualified immunity Affirming qualified-immunity-based dismissal of prisoner’s § 1983 suit for deprivation of due process by keeping him confined to a psychiatric unit without an involuntary commitment proceeding. Prisoner had initially consented to transfer to … More Take the Fifth: Oct. 15, 2020 opinions