Tag: breach of contract

September 16, 2025, opinions

September 17, 2025

Designated for publication Duncan, J. (Dennis, Graves, Duncan), Dennis, J., dissenting; criminal, pretrial detention, immigration Affirming denial of motion for pretrial detention. The majority affirmed the district court’s denial of Celia Ignacia Esquivel-Bataz’s motion for pretrial release, rejecting her argument that the district court improperly relied on an immigration detainer to find her a flight … More September 16, 2025, opinions

August 20-25, 2025, opinions

August 26, 2025

Designated for publication Wiener, J. (Wiener, Douglas, Ramirez), FDIC, jurisdiction Remanding appeal from injunction against FDIC proceedings on constitutional basis, with instructions to dismiss for lack of jurisdiction. The FDIC initiated an enforcement action against Cornelius Burgess, former CEO of Herring Bank, after investigations dating back to 2010 revealed misconduct. The case first proceeded before … More August 20-25, 2025, opinions

August 14, 2025, opinions

August 18, 2025

Designated for publication Jones, J. (Elrod, Jones, Stewart), Stewart, J., concurring in judgment only; insurance Reversing judgment in favor of insurer in claim brought by re-insurer, on basis that insurer’s delay in providing notice to re-insurer of claims was objectively unreasonable and material. The Fifth Circuit reversed a district court ruling and held that United … More August 14, 2025, opinions

August 8, 2025, opinions

August 10, 2025

Designated for publication Higginson, J. (Smith, Higginson, Douglas), breach of contract Affirming summary judgment in favor of health insurers on claims by healthcare providers where no written assignment of the insured’s claims was provided, but reversing summary judgment on claims where a written assignment was provided, and remanding for further proceedings. The case involves fifty-six … More August 8, 2025, opinions

August 7, 2025, opinions

August 10, 2025

Designated for publication per curiam (Elrod, Higginbotham, Smith), Clean Air Act, administrative law, Administrative Procedure Act, venue On remand from U.S. Supreme Court, original panel opinion from November 22, 2023 (Elrod, Smith, Higginbotham; Higginbotham, J., dissenting) (vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard program of the Clean Air Act), … More August 7, 2025, opinions

August 5, 2025, opinions

August 7, 2025

Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), employment discrimination, COVID-19 Reversing summary judgment in favor of the employer on the plaintiff former employee’s Title VII religious discrimination claim arising from his termination after refusing to get the COVID-19 vaccination and the employer failing to grant him a religious exemption, and remanding for further proceedings. … More August 5, 2025, opinions

July 10, 2025, opinions

July 11, 2025

Designated for publication Douglas, J. (Dennis, Oldham, Douglas), Dennis, J., dissenting; sec. 1983, pretrial detention Affirming dismissal of claims by pretrial detainee regarding the alleged misuse of suicide watch protocols by county and county officials. Ronnie Alexander, a pretrial detainee at Henderson County Jail, was moved to a “violent cell” after he falsely claimed to … More July 10, 2025, opinions

May 28, 2025, opinions

May 31, 2025

Designated for publication Oldham, J. (Richman, Oldham, Ramirez, JJ.; Judges Richman and Ramirez did not concur in footnote 5); Fourth Amendment, state-law immunity, state constitutional claims, qualified immunity On claims arising from alleged conspiracy to steal documents from a cloud-based file storage system against various Texas agencies and in official- and individual-capacity against officials of … More May 28, 2025, opinions

May 2, 2025, opinions

May 5, 2025

Designated for publication per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Denying motion to vacate sentence on conviction for illegal reentry. Luis Sanchez-Zurita was sentenced to 240 months for illegal reentry, with an upward variance based on his serious criminal history, including child molestation, failure to register as a sex offender, DUI with a child, and … More May 2, 2025, opinions

April 30, 2025, opinions

May 1, 2025

Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentence reduction Vacating denial of motion for sentence reduction, and remanding for reconsideration. per curiam (Smith, Graves, Duncan), breach of contract, trade secrets Affirming summary judgment and evidentiary rulings in favor of defendant in breach of contract and trade-secret-misappropriation claims. per curiam (Smith, Stewart, Duncan), criminal Affirming … More April 30, 2025, opinions