Designated for publication per curiam (Voting AGAINST en banc rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, JJ.; voting FOR en banc rehearing: Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); qualified immunity Denying en banc rehearing of September 10, 2024, panel opinion (Douglas, J., joined by Wiener, J.; Smith, J., dissenting) … More January 2-5, 2025, opinions
Designated for publication Willett, J. (Jones, Willett, Engelhardt), Administrative Procedures Act Reversing summary judgment in favor of the Treasury Department’s Office of Foreign Assets Control, and remanding to the district court to enter partial summary judgment in favor of plaintiffs’ APA challenge to OFAC’s inclusion of Tornado Cash’s immutable crypto-mixing smart contracts on the list … More November 26, 2024, opinions
Designated for publication Douglas, J. (King, Willett, Douglas), trademark infringement Vacating district court’s amended judgment on remand, and reinstating district court’s prior judgment of injunctive relief as modified by the Court’s prior opinion on March 21, 2024, and by the parties’ stipulated additional language. Richman, J. (Jones, Richman, Ho; not joined by Judge Ho, who … More November 20, 2024, opinions
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 Higginson, J. (Higginbotham, Higginson, Duncan), qualified immunity, municipal liability, Fourth Amendment, § 1983 Dismissing appeal in part for want of appellate jurisdiction over appeals of denial of summary judgment on punitive damages claim, the summary judgment to police officer on Fourth Amendment search claim, and the summary judgment to the City and … More July 30-31, 2024, opinions
Designated for publication Willett, J. (Dennis, Willett, Duncan), Duncan, J., concurring; removal, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from waiver-based remand order. “Edward Festeryga, an attorney embroiled in a dispute with his former law firm, wants this case heard in federal court and contends we have appellate jurisdiction over the district court’s … More July 25, 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 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
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
Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), Smith, J., dissenting; criminal, sentencing, Armed Career Criminal Act, habeas corpus On defendant’s § 2255 motion, vacating sentence on conviction of possession of a firearm by a felon, and remanding for resentencing without the ACCA enhancement. On a 2011 charge for possession of a firearm by a … More December 5, 2023, opinions
