Unpublished per curiam (Jolly, Higginson, Duncan), employment discrimination Affirming dismissal of employment discrimination claims. per curiam (Barksdale, Southwick, Graves), insurance Affirming summary judgment for insurer in coverage dispute.
Designated for publication per curiam (Richman, Higginbotham, Willett), Richman, C.J., dissenting in part; securities law, fraud, breach of contract Affirming summary judgment dismissal of extracontractual and Texas Securities Act fraud claims; but reversing summary judgment on federal securities law and Delaware common law fraud claims; and remanding for further proceedings. Claims arose from an agreement … More May 23-29, 2024, opinions
Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Clement, Wilson), Title VII, employment discrimination Vacating district court’s summary judgment dismissal of claims for failure to pay bonuses, and affirming summary judgment dismissal of all remaining discrimination claims, and remanding for further proceedings. per curiam (Willett, … More May 14, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), breach of contract, fraudulent inducement Reversing judgment and $1.6 billion in combined compensatory and punitive damages in favor of plaintiff on breach of contract and fraudulent inducement claims, holding that liability determination was in error. The Court held that IBM’s actions in replacing BMC mainframe software on … More April 30, 2024, opinions
Designated for publication per curiam (Elrod, Willett, Duncan), criminal, restitution Vacating $6,000 restitution award issued as part of sentence on conviction of production of child pornography, on holding that PSR cited inapplicable statutes and failed to conduct a proximate-cause analysis; and remanding for further proceedings. Smith, J. (Higginbotham, Smith, Higginson), criminal, competence, sentencing Affirming conviction … More April 25-26, 2024, opinions
Designated for publication Jolly, J. (Jolly, Smith, Haynes), Federal Tort Claims Act Reversing district court’s dismissal of former federal inmate’s FTCA claim arising from alleged assault by prison officials; rejecting premise that there may be a de minimis injury exception from tort liability; remanding for further proceedings. Dennis, J. (Dennis, Engelhardt, Oldham), Oldham, J., dubitante; … More April 24, 2024, opinions
Designated for publication Ramirez, J. (Richman, Oldham, Ramirez), criminal, sentencing, sufficiency of evidence, search and seizure Affirming convictions for money laundering, holding that sufficient evidence in the record supported the convictions, upholding denial of motion to suppress, finding no abuse of discretion in application of sentencing enhancements, and finding no abuse of discretion in denial … More April 23, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions
Designated for publication per curiam (Clement, Haynes, Oldham), Equal Protection Clause Affirming summary judgment dismissal of plaintiff’s Equal Protection Clause claims arising from being struck during jury voir dire. Based on the summary judgment evidence, the Court held that the plaintiffs “cannot show the Caddo Parish prosecutors dismissed them solely by reason of their race.” … More April 11, 2024, opinions
