Designated for publication Richman, C.J. (Richman, Southwick, Willett), Americans with Disabilities Act Vacating in part and affirming in part summary judgment in favor of Methodist Hospitals on EEOC’s claims that Methodist violated the ADA, vacating summary judgment on claim that Methodist’s most-qualified-applicant policy violated the ADA when it refused to reassign a disabled applicant to … More March 17, 2023, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Johnson v. TheHuffingtonPost.com, Inc., 21-20022, appeal from S.D. Tex. per curiam (King, Smith, Haynes), Elrod, J., dissenting from denial of rehearing (joined by … More May 4, 2022, opinions
Designated for publication Midwestern Cattle Marketing, LLC v. Legend Bank, N.A., 20-10663, appeal from N.D. Tex. Barker, J., by desig. (Smith, Ho, Barker), decretal language, summary judgment Affirming the summary judgment entered by the district court on remand from prior appeal in matter. The Court rejected plaintiff’s argument that an unjust enrichment claim was still … More June 8-9, 2021 opinions
Brackeen v. Haaland, 18-11479, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Wiener, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham), Indian Child Welfare Act, standing, Administrative Procedures Act No one principal opinion commanded a majority of the en banc Court as to the constitutionality of the Indian Child Welfare … More Take the Fifth: April 6 and 7, 2021 opinions
Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions
Designated for publication Smith v. Wal-Mart Stores, Inc., 19-20818, appeal from S.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), defamation Affirming summary judgment in favor of Wal-Mart on plaintiff’s defamation claim for being misidentified as a shoplifter by a Wal-Mart employee. Court held that, under standard necessary to overcome the qualified privilege under Texas law that … More Take the Fifth: Nov. 24, 2020 opinions
