Tag: breach of contract

February 14-16, 2024, opinions

February 19, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions

February 5-7, 2024, opinions

February 8, 2024

Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions

January 12, 2024, opinions

January 15, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case … More January 12, 2024, opinions

December 12-14, 2023, opinions

December 15, 2023

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

November 17, 2023, opinions

November 20, 2023

Designated for publication Clement, J. (Clement, Haynes, Oldham), Haynes, J., dissenting; qualified immunity Reversing denial of qualified immunity for officer defendant arising from fatal shooting of suspect armed with a handgun equipped with a high-capacity ammunition extension, and rendering judgment dismissing excessive force claims brought by suspect’s survivors. The Court held, “We therefore conclude that, … More November 17, 2023, opinions

November 7-8, 2023, opinions

November 9, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), product liability, expert witness, jury instructions Affirming judgment and damages award against Honda in strict liability and negligence defective design and product liability claims arising from side-impact car accident, rejecting arguments that district court erred in denying motion to exclude liability experts, denying motion for new trial … More November 7-8, 2023, opinions

September 19, 2023, opinions

September 20, 2023

Designated for publication per curiam (9 judges against rehearing: Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Engelhardt, Douglas; 7 judges for rehearing: Richman, Jones, Smith, Ho, Duncan, Oldham, Wilson), Smith, J., dissenting from denial of rehearing; criminal, search and seizure Denying en banc rehearing of May 10, 2023, panel opinion that vacated defendant’s conviction for … More September 19, 2023, opinions

September 6, 2023, opinions

September 7, 2023

Designated for publication Graves, J. (Richman, Haynes, Graves), trademark infringement Affirming in part, reversing in part judgment as a matter of law in favor of defendant on plaintiff’s trademark-infringement claims, and remanding for further proceedings. The Court held that a reasonable jury could find that the defendant infringed on the plaintiff’s marks before they were … More September 6, 2023, opinions

August 30-31, 2023, opinions

September 5, 2023

Designated for publication per curiam (Richman, Higginbotham, Southwick), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on IAC claims of petitioner convicted of capital murder and sentenced to death. per curiam (en banc court), criminal, sufficiency of evidence Ordering en banc rehearing of June 7, 2023, panel opinion that reversed and vacated … More August 30-31, 2023, opinions

August 22, 2023, opinions

August 23, 2023

Designated for publication Smith, J. (Higginbotham, Smith, Engelhardt), toxic tort, jurisdiction, timeliness Affirming denial of remand on the basis of improper joinder of nondiverse defendants; but reversing dismissal of wrongful death claim and vacating denial of leave to amend for fear of cancer claims, arising from defendants’ facility’s emissions of toxic levels of ehtylene oxide. … More August 22, 2023, opinions