January 3-6, 2023, opinions
Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Unpublished
Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Unpublished
Designated for publication Unpublished
Unpublished
(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Unpublished
Designated for publication Unpublished
Designated for publication U.S. v. Kelley, 20-20580, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Oldham), Oldham, J., concurring in judgment; criminal, Speedy Trial Act, sentencing Affirming conviction on being a felon in possession of a firearm, affirming application of sentence enhancement for reckless endangerment, but vacating determination that prior state conviction of attempted aggravated … More July 11, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Whole Woman’s Health v. Young, 18-50730, appeal from W.D. Tex. per curiam (Barksdale, Stewart, Costa), abortion law Vacating injunction of Texas law regarding disposal of embryonic and fetal tissue after … More June 20-28, 2022, opinions
Designated for publication Gross v. Keen Group Solutions, L.L.C., 20-20594, appeal from S.D. Tex. Jones, J. (Jones, Smith, Haynes), Haynes, J., dissenting; appellate jurisdiction Dismissing appeal of district court’s denial of defendant’s Rule 60(b)(5) motion in dispute over whether arbitration award had been fully satisfied. The Court found that “[t]he district court here still has … More December 2-3, 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
Designated for publication U.S. v. Tinney, 20-10849, appeal from N.D. Tex. per curiam (Davis, Duncan, Oldham), criminal, sentencing Affirming 18-month revocation sentence, plus an additional five years of supervised release, for recidivist sexual offender. The Court held that the district court did not commit plain error in mistakenly conflating criminal history score with criminal history … More June 29, 2021 opinions