Tag: arbitration

September 9, 2025, opinions

September 10, 2025

Designated for publication Ho, J. (Haynes, Ho, Oldham), criminal, restitution Affirming judgment that defendant’s service-connected payments were not exempt from garnishment to pay restitution order. The Fifth Circuit affirmed a writ of garnishment on $46,084.49 in Christopher Allen-Shinn’s USAA account to satisfy $92,500 in restitution from his child-pornography conviction, holding that 26 U.S.C. § 6334(a)(10)’s … More September 9, 2025, opinions

August 13, 2025, opinions

August 14, 2025

Designated for publication Stewart, J. (Stewart, Richman, Higginson), Higginson, J., dissenting in part; First Amendment, mootness Affirming district court’s preliminary injunction allowing plaintiffs access to park for religious ceremonies but declining to enjoin planned tree removal and cormorant rookery management measures. This appeal arose after the Texas Supreme Court answered a certified question, holding that … More August 13, 2025, opinions

July 28-29, 2025, opinions

July 30, 2025

Designated for publication Elrod, C.J. (Elrod, Engelhardt, Guidry, by designation), First Amendment, standing, qualified immunity Reversing dismissal of plaintiff’s First Amendment pre-enforcement challenge to Texas Election Code for lack of standing; affirming dismissal of claims against defendants in individual capacities as barred by qualified immunity; and remanding for further proceedings. The Institute for Free Speech … More July 28-29, 2025, opinions

June 24, 2025, opinions

June 25, 2025

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

April 28, 2025, opinions

April 29, 2025

Opinions designated for publication Clement, J. (Stewart, Clement, Willett), arbitration Affirming district court’s order granting defendant’s motion to confirm arbitration award and denying plaintiff’s motion to vacate arbitration award, regarding payment of “stand-by costs” under contract for construction of natural gas pipeline. Unpublished opinions per curiam (Graves, Willett, Wilson), prisoner suit Affirming dismissal as frivolous … More April 28, 2025, opinions

January 10, 2025, opinions

January 13, 2025

Designated for publication Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions

November 6, 2024, opinions

November 7, 2024

Unpublished per curiam (Clement, Oldham, Wilson), prisoner suit Vacating dismissal of pretrial detainee’s failure-to-protect claim, affirming dismissal of other claims arising from assault, and remanding for further proceedings. per curiam (Wiener, Willett, Duncan), Wiener, J., concurring; municipal liability Affirming dismissal of municipal liability claims arising from tear-gassing and arrest of journalist plaintiff during George Floyd … More November 6, 2024, opinions

October 1, 2024, opinions

October 2, 2024

Designated for publication per curiam (judges voting against rehearing: Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Ho, Engelhardt, Wilson, Douglas, Ramirez; judges voting for rehearing: Smith, Elrod, Willett, Duncan, Oldham); Oldham, J., dissenting from denial of rehearing en banc (joined by Smith, Elrod, Willett, Duncan, JJ.); Fair Labor Standards Act, Motor Carrier Act, en banc … More October 1, 2024, opinions

September 18-19, 2024, opinions

September 22, 2024

Designated for publication Jones, J. (Jones, Smith, Ho), copyright, trademark infringement Affirming summary judgment in favor of defendant, a children’s art teaching company, and against plaintiff artist, holding that fair use doctrine protected defendant’s use of plaintiff’s art works; and holding that district court’s summary judgment on trademark infringement claim where motion for summary judgment … More September 18-19, 2024, opinions

September 6, 2024, opinions

September 7, 2024

Designated for publication Oldham, J. (Ho, Duncan, Oldham), habeas corpus, Equal Protection Clause Affirming denial of habeas relief on claim that life sentence for state conviction of sexual assault and prohibited sexual conduct with the petitioner’s intellectually disabled daughter violated the Equal Protection Clause. Wiener, J. (Wiener, Elrod, Wilson), sec. 1983 Affirming judgment on jury … More September 6, 2024, opinions