August 26-31, 2022, opinions

(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Unpublished

June 20-28, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Whole Woman’s Health v. Young, 18-50730, appeal from W.D. Tex. per curiam (Barksdale, Stewart, Costa), abortion law Vacating injunction of Texas law regarding disposal of embryonic and fetal tissue after … More June 20-28, 2022, opinions

January 20, 2022, opinions

Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), Ho, J., concurring; abortion law, sovereign immunity, Ex parte Young Granting petition for panel rehearing, withdrawing opinion issued July 15, 2021, which had reversed in part the denial of dismissal on sovereign immunity grounds the … More January 20, 2022, opinions

Take the Fifth: Feb. 25, 2021 opinions

Designated for publication Daves v. Dallas County, Texas, 18-11368, appeal from N.D. Tex. per curiam (en banc court, except for Oldham, J., recused), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Voting to rehear en banc this matter where, on December 28, 2020, the panel of Judges Southwick, Graves, and Engelhardt (Southwick, J., authoring) affirmed … More Take the Fifth: Feb. 25, 2021 opinions

Take the Fifth: Dec. 26-31, 2020 opinions

Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 opinions

Take the Fifth: Nov. 2-6, 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

Take the Fifth: Oct. 19, 2020 opinions

Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), Higginbotham, J., concurring; election law, sovereign immunity Staying, pending appeal, the district court’s injunction of Texas’s procedures regarding mail-in ballot signature verification and voter-notification procedures. Texas’s absentee mail-in balloting procedures–a system that, as confirmed by 5th Circuit’s October 14th … More Take the Fifth: Oct. 19, 2020 opinions

Take the Fifth: Oct. 14, 2020 opinions

To create a little efficiency for the writers of this blog, Take the Fifth will take a different tack beginning today. We will continue to include full summaries of those opinions designated for publication, but for unpublished opinions will only continue to provide links to the opinions and basic statistical information regarding basic outcome, district … More Take the Fifth: Oct. 14, 2020 opinions