Designated for publication Douglas, J. (Richman, Willett, Douglas), arbitration, Fair Labor Standards Act Affirming district court’s denial of motion compel arbitration on finding that defendant to plaintiff’s FLSA minimum-wage claim had waived its right to arbitrate. Dayana Garcia, a former server at Gloria’s restaurant chain, filed a Fair Labor Standards Act (FLSA) lawsuit alleging failure … More June 24, 2025, opinions
Designated for publication Stewart, J. (Stewart, Clement, Willett), criminal, sufficiency of evidence, restitution Affirming conviction of operator of compound pharmacy for receiving illegal kickbacks as part of a conspiracy to induce physicians to prescribe highly lucrative prescriptions, and affirming restitution award. Xpress Compounding was a pharmacy focused on maximizing profits through pain cream prescriptions billed … More June 5, 2025, opinions
Designated for publication Duncan, J. (Haynes, Duncan, Wilson), foreign official immunity, Torture Victim Protection Act Affirming dismissal of TVPA claims against former Nigerian governor under foreign official immunity. In this case, the widows of men killed by Nigerian military forces during rallies in 2020 sued former Nigerian governor Willie Obiano in a Texas federal court … More May 29-30, 2025, opinions
Designated for publication Engelhardt, J. (Graves, Engelhardt, Oldham), Graves, J., dissenting; Americans with Disabilities Act Affirming dismissal of former employee’s ADA claims on the pleadings. The Court held that Turner cannot establish a prima facie case of disability discrimination under the ADA because he failed to demonstrate that he was “qualified” for the job, having … More May 14, 2025, opinions
Designated for publication Duncan, J. (Dennis, Willett, Duncan), criminal, sentencing Affirming 240-month sentence on conviction of conspiracy to receive and distribute child pornography. The Court held “that (1) United States v. Halverson, 897 F.3d 645 (5th Cir. 2018), does not require a defendant to actually receive ‘valuable consideration’ in exchange for distributing child pornography under … More February 18, 2025, opinions
Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Clement, Wilson), civil Affirming judgment for defendant, with no description of the case or underlying judgment being affirmed. per curiam (Graves, Willett, Wilson), … More November 11, 2024, opinions
Designated for publication Oldham, J. (Jones, Southwick, Oldham), First Amendment On remand from the U.S. Supreme Court, remanding to the district court for further fact-findings: “In Moody v. NetChoice, LLC, 144 S. Ct. 2383 (2024), the Supreme Court emphasized that facial challenges to state laws are difficult to successfully mount. In the First Amendment context, … More November 7, 2024, opinions
Designated for publication Elrod, J. (Elrod, Willett, Duncan), habeas corpus Affirming denial of § 2254 petition for habeas relief from state conviction and sentence on basis that state court impermissibly used a non-final conviction to enhance his sentence, holding that any error by the state court was harmless. Accordingly, the Court did not base its … More August 28, 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
