Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Ho, J., concurring; False Claims Act, qui tam Affirming dismissal of qui tam action under False Claims Act. Inpatient-rehabilitation facilities (IRFs) provide intensive therapy to patients after hospital discharge and are reimbursed by Medicare per discharge, contingent on compliance with procedural rules such as … More November 3, 2025, opinions
Unpublished decisions per curiam (Stewart, Graves, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Ho), civil Affirming dismissal of plaintiff’s pro se civil complaint, with no description of claims or appeal issue involved. per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam … More September 24-26, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), employment discrimination, COVID-19 Reversing summary judgment in favor of the employer on the plaintiff former employee’s Title VII religious discrimination claim arising from his termination after refusing to get the COVID-19 vaccination and the employer failing to grant him a religious exemption, and remanding for further proceedings. … More August 5, 2025, opinions
Designated for publication Haynes, J. (Stewart, Dennis, Haynes), criminal, Second Amendment Affirming conviction for possession of a firearm by a felon. In 2019, Texas authorities arrested Betancourt after he allegedly brandished a firearm during a domestic dispute and was later found with multiple firearms, ammunition, and body armor in his home. A federal grand jury … More June 4, 2025, opinions
Designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), personal tort, Federal Tort Claims Act Affirming judgment in favor of plaintiff in personal injury and death arising from an auto collision with a U.S. Postal Service vehicle that then caused the plaintiff to go forward and collide with his neighbor’s house. The Court analyzed a case … More May 16-18, 2025, opinions
Designated for publication per curiam (Elrod, Oldham, Wilson), Fair Housing Act, Rule 60(b), notice of appeal Affirming denial of landlord defendant’s Rule 60(b) motion after summary judgment for plaintiff tenant on claims of disability discrimination and retaliation under the Fair Housing Act, finding no abuse of discretion. The Court held that the original summary judgment, … More March 10, 2025, opinions
Designated for publication per curiam (voting against en banc rehearing: Elrod, Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Jones, Smith, Duncan, Engelhardt, Oldham, JJ.); Ho, J., concurring in denial of rehearing; criminal, sentencing, en banc Denying en banc rehearing of panel opinion (Elrod, Dennis, Higginson) … More February 28, 2025, opinions
Designated for publication Higginson, J. (Davis, Higginson, Douglas), insurance Affirming summary judgment in favor of insurer on bad faith claims under Texas law. Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, search and seizure, Second Amendment Affirming constitutionality of conviction of possessing an unregistered suppressor in violation of the National Firearms Act, and upholding denial of motion … More February 6, 2025, opinions
Designated for publication Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions
Designated for publication per curiam (Higginbotham, Southwick, Higginson), Higginbotham, J., concurring; taking On remand from the U.S. Supreme Court, withdrawing previous order remanding to the district court with instructions to return litigation to the state court and instead remanding to the district court to decide whether to return the litigation to state court. Judge Higginbotham … More November 12-14, 2024, opinions
