Tag: Fair Labor Standards ACT

Take the Fifth: Feb. 9, 2021 opinions

February 11, 2021

Designated for publication Lucio v. Lumpkin, 16-70027, appeal from S.D. Tex. 115 pages of opinions: Oldham, J., plurality op. of Court (joined by Owen, Jones, Smith, Ho, Duncan, Engelhardt, JJ.); Southwick, J., concurring (joined by Costa, Willett, JJ.); Higginbotham, J., dissenting; Elrod, J., dissenting (joined by Higginson, J.); Haynes, J., dissenting (joined by Higginbotham, Stewart, … More Take the Fifth: Feb. 9, 2021 opinions

Take the Fifth: Jan. 12 and 13, 2021 opinions

January 14, 2021

Designated for publication U.S. v. Parkerson, 19-10780, appeal from N.D. Tex. Jolly, J. (Jolly, Southwick, Wilson), criminal, sentencing Affirming 120-month statutory maximum prison term for failure to register as a sex offender where sentencing guidelines range was 18-24 months. The presentencing report (“PSR”) referred to an excerpt from a police report of an incident where … More Take the Fifth: Jan. 12 and 13, 2021 opinions

Take the Fifth: Dec. 21-24 opinions

January 4, 2021

Designated for publication Taylor v. Stevens, 17-10253, appeal from N.D. Tex. per curiam (Owen, Jones, Smith), qualified immunity, § 1983, Eighth Amendment On remand from the Supreme Court, vacating its earlier decision reversing in part and remanding dismissal of Eighth Amendment conditions-of-confinement claims on qualified immunity grounds, and remanding case in its entirety. Texas v. … More Take the Fifth: Dec. 21-24 opinions

Take the Fifth: Dec. 4, 2020 opinions

December 8, 2020

Designated for publication Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions

Take the Fifth: Nov. 30, 2020 opinions

December 1, 2020

Designated for publication McRaney v. The North American Mission Board of the Southern Baptist Convention, Inc., 19-60293, appeal from N.D. Miss. Denying en banc rehearing (Higginson, J., entering order for the panel, joined by Owen, Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Engelhardt, JJ.); Ho, J., dissenting from denial of rehearing, joined by Jones, Smith, … More Take the Fifth: Nov. 30, 2020 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

November 9, 2020

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