Tag: Fair Labor Standards ACT

March 27-30, 2024, opinions

April 2, 2024

Unpublished per curiam (Jones, Southwick, Ho), prisoner suit Affirming dismissal of Texas state prisoner’s suit as frivolous. per curiam (Wiener, Stewart, Douglas), criminal, sentencing Affirming imposition of standard supervised release terms as part of sentence for conviction of kidnapping, carjacking, and transportation of a stolen vehicle in interstate commerce. per curiam (Jolly, Smith, Haynes), criminal … More March 27-30, 2024, opinions

March 7, 2024, opinions

March 8, 2024

Designated for publication Stewart, J. (Jones, Stewart, Duncan), labor law Denying in part and granting in part petition for review of NLRB decision that the petitioner’s RN Case Managers are not NLRA-exempt supervisors and that the petitioner violated the NLRA by creating an impermissible oral workplace rule, threatening employees who exercised protected activity, interrogating staff … More March 7, 2024, opinions

February 9, 2024, opinions

February 12, 2024

Designated for publication Douglas, J. (Graves, Higginson, Douglas), Fair Labor Standards Act Granting petition for panel rehearing, and substituting new opinion in place of August 16, 2023, panel opinion that had affirmed the district court’s order certifying a collective action under the FLSA for a claim by the facility’s drug rehabilitation patients who were assigned … More February 9, 2024, opinions

August 25, 2023, opinions

August 28, 2023

Designated for publication Ho, J. (Jones, Ho, Wilson), administrative law, standing Granting petition for review of NRC order, and vacating license for temporary storage for spent nuclear fuel, holding that the NRC does not have authority under the Atomic Energy Act to license temporary nuclear waste storage facilities. The Court first held that the petitioners … More August 25, 2023, opinions

August 16, 2023, opinions

August 17, 2023

Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions

July 24, 2023, opinions

July 25, 2023

Designated for publication Elrod, J. (Elrod, Ho, Oldham), Oldham, J., dissenting in part; qualified immunity Reversing summary judgment in favor of defendant jail officials on qualified immunity grounds, and remanding for further proceedings. The plaintiff’s claims arise from being tasered while a pretrial detainee, when he alleges he was being fully compliant with the jail … More July 24, 2023, opinions

July 12, 2023, opinions

July 13, 2023

Designated for publication Douglas, J. (Higginbotham, Graves, Douglas), insurance Certifying to Texas Supreme Court question of whether attorneys’ fees are still owed under the Texas Prompt Payment of Claims Act after insurer makes payment of appraisal award plus interest. Wilson, J. (Wiener, Higginson, Wilson), Fair Labor Standards Act Reversing dismissal of plaintiffs’ FLSA overtime claims, … More July 12, 2023, opinions

May 5-8, 2023, opinions

May 9, 2023

Designated for publication Higginbotham, J. (Higginbotham, Southwick, Willett), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claim for impeding access to medical care after the onset of stroke symptoms, upon holding that plaintiff’s claims were malpractice claims but did not allege a deprivation of constitutionally secured rights. The Court held, “We conclude that … More May 5-8, 2023, opinions

March 24, 2023, opinions

March 27, 2023

Designated for publication Wiener, J. (Wiener, Stewart, Engelhardt), breach of contract Affirming judgment that original ship owners were in default on their loan agreements for the mortgages that financed construction of the vessels, and that, under Panamanian law, the lenders’ preferred ship mortgages outranked the state-created liens of a purchaser who agreed to purchase the … More March 24, 2023, opinions

March 13-14, 2023, opinions

March 15, 2023

Designated for publication Willett, J. (Graves, Willett, Engelhardt), insurance, preemption, sovereign immunity, standing Affirming dismissal of former federal employee’s claim against health insurer and federal Office of Personnel Management arising from the denial of coverage for proton therapy for cancer; district court had dismissed claims against OPM under sovereign immunity, and against Blue Cross on … More March 13-14, 2023, opinions