Designated for publication Wilson, J. (Richman, Graves, Wilson); Graves, J., concurring; insurance Reversing district court’s judgment in favor of life insurance beneficiary, applying Texas law to provide that, even if the beneficiary was named before being married to the decedent, once a subsequent divorce decree is effective the beneficiary is stripped of their beneficiary status. … More June 28, 2024, opinions
Designated for publication Ramirez, J. (Elrod, Duncan, Ramirez); Elrod, J., dissenting; insurance Affirming dismissal of plaintiff’s claim for business-interruption coverage for losses arising from COVID-19. “BSW characterizes the Policy’s language as unique because it ‘covers “physical loss or damage” caused by communicable disease,’ which makes the coverage ‘broader than a typical policy.’ But as stated, … More June 27, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Oldham), COVID-19, American Rescue Plan Act, Spending Clause Affirming permanent injunction against enforcement of provision in the American Rescue Plan Act, which allocated $200 billion to the states to assist in economic recovery from the COVID-19 pandemic, holding that provision that states must agree to not use funds … More June 25, 2024, opinions
Designated for publication Stewart, J. (Stewart, Duncan, Engelhardt), attorney-client privilege Reversing order compelling depositions and production related to law firm reports prepared for public university arising from alleged incidents of sexual harassment, sexual assault, and racial discrimination, and remanding for further proceedings. Court held that it had jurisdiction over the appeal of the court’s discovery … More June 17-18, 2024, opinions
Unpublished per curiam (Wiener, Stewart, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Stewart, Southwick), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Stewart, Southwick), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Stewart, Douglas), criminal, sentencing Affirming sentence on conviction of … More June 12, 2024, opinions
Unpublished per curiam (Richman, Jones, Ho), Bivens claim Affirming in part and vacating in part plaintiff federal inmate’s Bivens claims arising from delayed and denied medical care for injuries, and remanding for further proceedings. Engelhardt, J. (Higginbotham, Smith, Engelhardt), qualified immunity Affirming denial of motion to dismiss excessive force claims on the basis of qualified … More June 10, 2024, opinions
Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
Designated for publication Wilson, J. (Clement, Engelhardt, Wilson), commercial litigation Affirming summary judgment in favor of bank, holding that Mississippi law allowed a loan guaranty to be transferred from original lender and that guarantor could not assert equitable defenses belonging to the borrower. Unpublished per curiam (Dennis, Elrod, Ho), mineral law After receiving response from … More June 4, 2024, opinions
Designated for publication Graves, J. (Richman, Graves, Wilson), criminal, sentencing Vacating sentence that relied on career offender enhancement on conviction for conspiracy to distribute five kilograms or more of cocaine hydrochloride and 280 grams of cocaine base, and remanding for resentencing. The Court summarized: “When the Government fails to prove by a preponderance of the … More May 30, 2024, opinions
Designated for publication per curiam (Richman, Higginbotham, Willett), Richman, C.J., dissenting in part; securities law, fraud, breach of contract Affirming summary judgment dismissal of extracontractual and Texas Securities Act fraud claims; but reversing summary judgment on federal securities law and Delaware common law fraud claims; and remanding for further proceedings. Claims arose from an agreement … More May 23-29, 2024, opinions
