Tag: copyright

August 27, 2026, opinions

August 28, 2026

Designated for publication Higginson, J. (King, Higginson, Duncan) (oral argument), copyright, Digital Millenium Copyright Act Remanding from district court’s denial of DMCA claims, for reconsideration under an appropriate standard to review what constitutes protected copyright management information. Emmerich Newspapers, a publisher of over 26 local news publications, sued Particle Media, the operator of the NewsBreak … More August 27, 2026, opinions

August 19-21, 2026, opinions

August 22, 2026

Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), criminal, sentencing, guilty plea On remand from U.S. Supreme Court, dismissing appeal of conviction and sentence in light of appeal waiver in plea agreement. Davantae London robbed multiple Wal-Mart stores at gunpoint in the Houston area. As part of his plea agreement, he waived … More August 19-21, 2026, opinions

July 13-15, 2026, decisions

July 16, 2026

Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), Stewart, J., dissenting in part; mandamus, appellate jurisdiction, voluntary dismissal, school desegregation Dismissing appeal for lack of jurisdiction over judgment that was entered after voluntary dismissal of school desegregation case, and granting mandamus vacating post-dismissal judgment. This school-desegregation case had been pending for more … More July 13-15, 2026, decisions

February 20, 2026, opinions

February 21, 2026

Designated for publication per curiam (en banc; Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, voting against en banc rehearing; Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, voting for en banc rehearing) (oral argument at panel stage), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith); en banc, qualified … More February 20, 2026, opinions

January 12, 2026, opinions

January 14, 2026

Designated for publication per curiam (en banc) (oral argument at panel stage) (voting for en banc rehearing: Jones, Smith, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.; voting against en banc rehearing: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ.), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith, Engelhardt, JJ.); … More January 12, 2026, opinions

August 6, 2025, opinions

August 10, 2025

Designated for publication Ho, J. (King, Ho, Ramirez), CARES Act, administrative law Affirming district court’s dismissal of plaintiff’s claim for forgiveness of CARES Act paycheck protection program loan for which plaintiff had not been eligible to begin with. The Paycheck Protection Program (PPP), created by Congress under the CARES Act during the COVID-19 pandemic, provided … More August 6, 2025, opinions

October 9, 2024, opinions

October 10, 2024

Designated for publication Higginson, J. (Higginbotham, Stewart, Higginson), copyright, jury instructions Affirming judgment on jury verdict (and denial of JMOL) that defendant internet service provider was liable for contributory copyright infringement on plaintiff independent record labels’ copyright claims; vacating damages award predicated on statutory damages for each of the 1,403 songs at issue in the … More October 9, 2024, opinions

September 18-19, 2024, opinions

September 22, 2024

Designated for publication Jones, J. (Jones, Smith, Ho), copyright, trademark infringement Affirming summary judgment in favor of defendant, a children’s art teaching company, and against plaintiff artist, holding that fair use doctrine protected defendant’s use of plaintiff’s art works; and holding that district court’s summary judgment on trademark infringement claim where motion for summary judgment … More September 18-19, 2024, opinions

August 1-15, 2024, opinions

August 20, 2024

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