Tag: choice of law

August 26, 2026, opinions

August 27, 2026

Designated for publication Higginson, J. (King, Higginson, Duncan) (oral argument), Duncan, J., dissenting; criminal, sentencing Vacating 46-month sentence on conviction of illegal reentry, and remanding for resentencing. Alexander Palencia-Berrum pled guilty to illegal reentry under 8 U.S.C. § 1326. His criminal history included three DWI convictions, an obstruction/minor-in-possession conviction, a domestic battery guilty plea, a … More August 26, 2026, opinions

March 3, 2026, opinions

March 4, 2026

Designated for publication Graves, J. (Clement, Graves, Ho) (oral argument), breach of contract, choice of law, indemnification, attorneys’ fees Affirming in part and vacating in part summary judgment for plaintiff on claim for indemnification for lawsuits arising from alleged fraudulent over-billing, and affirming in part and vacating in part award of attorneys’ fees, and remanding. … More March 3, 2026, opinions

May 1-7, 2024, opinions

May 8, 2024

Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions

Take the Fifth: Dec. 1, 2020 opinions

December 2, 2020

Designated for publication Thomas v. Lumpkin, 17-20661, appeal from S.D. Tex. Jones, J., order denying en banc rehearing, joined by Owen, Jones, Smith, Southwick, Haynes, Costa, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.; Graves, J., dissenting from denial of rehearing, joines by Elrod, J. (Stewart, Dennis, Elrod, Graves, Higginson, Willett, voting to rehear); habeas corpus, ineffective … More Take the Fifth: Dec. 1, 2020 opinions