Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Oldham), COVID-19, American Rescue Plan Act, Spending Clause Affirming permanent injunction against enforcement of provision in the American Rescue Plan Act, which allocated $200 billion to the states to assist in economic recovery from the COVID-19 pandemic, holding that provision that states must agree to not use funds … More June 25, 2024, opinions
Designated for publication Wilson, J. (Smith, Graves, Wilson), tax law, jury instructions Finding jury instructions “irredeemably flawed,” vacating verdict in favor of taxpayer for refund of IRS-imposed penalty for failure to timely file information returns, vacating attorney fees award as the plaintiff was no longer the prevailing party, and remanding for a new trial. The … More June 13-14, 2024, opinions
Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
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 per curiam (Willett, Wilson, Ramirez), insurance, arbitration Reversing district court’s denial of motion to stay litigation and compel arbitration, and remanding with instructions to grant the motion. The plaintiff insured had a uniform policy allocated separately across ten insurers, eight domestic and two foreign, which contained an arbitration provision. After Hurrican Laura … More March 26, 2024, opinions
Designated for publication per curiam (Richman, Higginbotham, Elrod), unfair trade practices, improper argument Reversing judgment on jury verdict in favor of defendant in unfair trade practices claim, and remanding for further proceedings, on the basis that “the Defendants’ counsels’ closing argument irreparably prejudiced the fairness of the trial.” The Court held that “legitimate ‘oratory’ and … More March 8, 2024, opinions
Designated for publication per curiam (Jones, Haynes, Douglas, JJ.), prisoner suit Granting stay pending appeal of remedial order regarding medical care and ADA compliance affecting state prisoners. Unpublished per curiam (King, Haynes, Graves), criminal, sentencing Affirming 60-month sentence on conviction of illegal reentry. per curiam (Jolly, Higginson, Duncan), criminal, compassionate release Affirming denial of motion … More March 6, 2024, opinions
Designated for publication Jones, J. (Jones, Haynes, Douglas), criminal, sentencing, restitution Affirming convictions for healthcare fraud and receiving Medicare kickbacks, upholding the admission of recordings of the co-conspirators, the calculation of the amount of improper benefit for sentencing purposes, and the calculation of the restitution award. per curiam (voting against en banc rehearing: Stewart, Elrod, … More February 19-21, 2024, opinions
Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions
