Tag: election law

January 18, 2024, opinions

January 19, 2024

Designated for publication Wilson, J. (Stewart, Dennis, Wilson), insurance, personal jurisdiction Affirming dismissal of insurance coverage dispute on the basis of lack of specific personal jurisdiction. The plaintiff insured sought coverage for costs it incurred in responding to a non-party subpoena from multi-district litigation in South Carolina involving aqueous film-forming foams (AFFFs); plaintiff was a … More January 18, 2024, opinions

January 10, 2024, opinions

January 11, 2024

Designated for publication Ho, J. (Graves, Higginson, Ho), qualified immunity Dismissing for lack of appellate jurisdiction appeal from denial of qualified immunity summary judgment in excessive force claim. As Judge Ho summarized the opinion: “Two established principles of law govern this qualified immunity appeal. First, it may be objectively reasonable under certain circumstances for police … More January 10, 2024, opinions

December 15, 2023, opinions

December 18, 2023

Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), Higginson, J., dissenting; voting rights, election law, standing Reversing summary judgment in favor of voter advocacy organization, and rendering judgment in favor of Texas officials (actively defended by intervenor attorney general) rejecting organization’s challenge to Texas’s original “wet” signature requirement as a violation of the Civil Rights … More December 15, 2023, opinions

December 12-14, 2023, opinions

December 15, 2023

Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions

November 15, 2023, opinions

November 16, 2023

Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, sentencing Affirming convictions for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, as well as the 60-month sentence imposed on her resulting from these convictions and incorporating an upward variance based on the defendant’s knowledge of the danger … More November 15, 2023, opinions

September 28-29, 2023, opinions

October 2, 2023

Designated for publication per curiam (en banc court), voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Granting en banc rehearing, and vacating August 4, 2023, panel opinion that reversed in part and affirmed in part district court’s dismissal of constitutional challenge to Mississippi’s permanent disenfranchisement of certain felons. Duncan, J. (Duncan, … More September 28-29, 2023, opinions

September 6, 2023, opinions

September 7, 2023

Designated for publication Graves, J. (Richman, Haynes, Graves), trademark infringement Affirming in part, reversing in part judgment as a matter of law in favor of defendant on plaintiff’s trademark-infringement claims, and remanding for further proceedings. The Court held that a reasonable jury could find that the defendant infringed on the plaintiff’s marks before they were … More September 6, 2023, opinions

May 17-18, 2023, opinions

May 19, 2023

Designated for publication Graves, J. (Graves, Willett, Engelhardt), qualified immunity Affirming qualified immunity summary judgment in favor of officer defendant based on shots he fired into sedan as he stood directly in front of car and driver ignored multiple commands from the officers; but reversing qualified immunity summary judgment in favor of officer defendants for … More May 17-18, 2023, opinions

October 26-28, opinions

October 31, 2022

Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Ho, Engelhardt, Oldham, Wilson); Ho, J., concurring in denial of rehearing; Jones, J., dissenting from denial of rehearing (joined by Smith, Duncan, JJ.); absolute immunity Denying rehearing en banc on a 7-9 vote, Judges Richman, Jones, Smith, Southwick, … More October 26-28, opinions

September 29, 2022, opinions

September 30, 2022

Designated for publication Smith, J. (Jolly, Smith, Engelhardt), Jolly, J., dissenting in part; First Amendment Reversing summary judgment in favor of plaintiffs challenging Texas Justice of the Peace Wayne Mack’s opening of court with a ceremony that includes a prayer, and rendering judgment in favor of Mack. The Court held this was “a zero-pence case,” … More September 29, 2022, opinions