Designated for publication Higginbotham, J. (Higginbotham, Smith, Higginson), Higginson, J., dissenting; product liability Reversing denial of judgment as a matter of law after jury verdict for plaintiff in manufacturing defect case arising from plaintiff’s injury while using propane tank manufactured by defendant, finding insufficient evidence to support the jury verdict, and rendering JMOL for defendant. … More March 21, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions
Designated for publication Southwick, J. (Smith, Southwick, Higginson), removal, jurisdiction, personal jurisdiction Affirming dismissal of two non-diverse defendants as improperly joined and denial of remand, and affirming dismissal of out-of-state defendants for lack of personal jurisdiction, in action arising from injuries suffered during crash of single-engine airplane piloted by the plaintiff. The crash occurred in … More February 23, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions
Designated for publication Wilson, J. (Smith, Graves, Wilson), Graves, J., dissenting; criminal Affirming conviction of possession of a firearm by an illegal alien, rejecting argument that the government had failed to prove beyond a reasonable doubt that the defendant knew he was unlawfully in the United States when he possessed the firearm. The defendant argued … More February 12, 2024, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Higginson), Higginson, J., dissenting, sec. 1983, standing On holding that plaintiff lacked standing, vacating district court’s judgment that plaintiff–incarcerated capital inmate–had shown that a provision of Texas’s DNA testing statute was unconstitutional and that he was entitled to DNA testing, and remanding for dismissal of action for lack … More February 8, 2024, opinions
Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case … More January 12, 2024, opinions
Designated for publication Ho, J. (Graves, Higginson, Ho), qualified immunity Dismissing for lack of appellate jurisdiction appeal from denial of qualified immunity summary judgment in excessive force claim. As Judge Ho summarized the opinion: “Two established principles of law govern this qualified immunity appeal. First, it may be objectively reasonable under certain circumstances for police … More January 10, 2024, opinions
Designated for publication per curiam (Jones, Stewart, Duncan); Duncan, J., concurring; Jones, J., concurring; qualified immunity Affirming denial of motion to dismiss on qualified immunity, regarding plaintiff’s claims against Department of Public Safety and Corrections official for over-detention. Plaintiff was detained in a Louisiana prison 41 days past the end of his 90-day sentence, because … More January 5, 2024, opinions
