Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument at motion stage), Haynes, J., concurring in order only (w/o op.); First Amendment, vagueness, injunctions Granting defendant Texas’s motion for stay of preliminary injunction pending appeal regarding SB 2420, which placed age and parental-guidance regulations on app stores and in-app purchases. The Texas Legislature … More June 4, 2026, opinions
Designated for publication Smith, J. (Smith, Stewart, Haynes) (no oral argument), bankruptcy Affirming bankruptcy court’s dismissal of creditor’s claim for contribution. The court affirmed the bankruptcy court (and district court) in rejecting Spin’s claim that it should be paid under a receivables-sale agreement with Jet Oilfield Services (“Jet”). Under the agreement, Spin paid Jet $3,000,000 … More December 4, 2025, opinions
Designated for publication Duncan, J. (Smith, Graves, Duncan) (no oral argument), diversity jurisdiction, commercial litigation Affirming that diversity jurisdiction exists, and affirming summary judgment for lender/plaintiff holding defendants liable as guarantors for loans made by Appellees Cadence Bank and Century Bank. The Banks made two large loans to Bridgelink Engineering LLC (which the Johnsons managed) … More November 24, 2025, opinions
Designated for publication Oldham, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), diversity jurisdiction Remanding appeal from judgment in favor of defendant in trust dispute, for jurisdictional discovery. “Once again, a party invoking this court’s diversity jurisdiction has failed to establish the citizenship of a limited liability company. 28 U.S.C. § 1332. Thus, we remand this … More November 10, 2025, opinions
Designated for publication Graves, J. (Graves, Engelhardt, Oldham), breach of fiduciary duty Affirming dismissal of breach of fiduciary duty claims brought in a shareholder derivative suit by company’s shareholders against company’s directors. The Court held that shareholders must either make a litigation demand to the board or show demand futility by demonstrating that at least … More May 13, 2025, opinions
Unpublished per curiam (Elrod, Haynes, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jolly, Jones, Willett), Willett, J., concurring in judgment only; breach of contract, antitrust, recusal, diversity jurisdiction Dismissing as frivolous appeal from judgment denying motion to remand and judgment dismissing breach of contract and antitrust claims, among other claims, … More February 24, 2025, opinions
Designated for publication Wilson, J. (Davis, Graves, Wilson), administrative law Affirming dismissal of plaintiffs’ claims challenging as applied to them the use of a Total Per Capita Cost measure as part of the government defendants’ Merit-Based Incentive Payment System for purposes of adjustment of Medicare reimbursement rates, finding that plaintiffs’ regulatory challenge was statutorily barred. … More January 23-26, 2025, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Douglas), Haynes, J., concurring; habeas corpus Affirming dismissal of § 2254 application based on holding that state court’s decision was not contrary to or an unreasonable application of clearly established Supreme Court precedent, when the state court determined that false testimony from the sole identifying witness regarding his … More January 17-22, 2025, opinions
Designated for publication Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions
Designated for publication Engelhardt, J. (Smith, Engelhardt, Ramirez), criminal, restitution Affirming $21 million restitution award imposed jointly and severally on defendant with defendant in another section of the district court in a separate criminal proceeding, on guilty plea conviction of misprison of a felony (wire fraud). Stewart, J. (Smith, Stewart, Duncan), criminal, sentencing Vacating special … More December 6, 2024, opinions
