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
Unpublished Union Pacific Railroad Company v. American Railway and Airway Supervisors’ Association, 18-50110, appeal from W.D. Tex. per curiam (Owen, King, Stewart), Owen, C.J., dissenting; labor law, employment law Reversing district court’s vacatur of Public Law Board’s order to reinstate employee on finding that positive drug test was a false-positive, and remanding for further proceedings. … More Take the Fifth: Dec. 16, 2020 opinions
Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions
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