Tag: immigration

June 17-18, 2024, opinions

June 19, 2024

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

June 12, 2024, opinions

June 13, 2024

Unpublished per curiam (Wiener, Stewart, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal.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

June 10, 2024, opinions

June 11, 2024

Unpublished per curiam (Richman, Jones, Ho), Bivens claim Affirming in part and vacating in part plaintiff federal inmate’s Bivens claims arising from delayed and denied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

June 5-7, 2024, opinions

June 10, 2024

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

June 4, 2024, opinions

June 5, 2024

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 Unpublished per curiam (Dennis, Elrod, Ho), mineral law After receiving response from … More June 4, 2024, opinions

May 30, 2024, opinions

May 31, 2024

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

May 23-29, 2024, opinions

May 30, 2024

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

May 13, 2024, opinions

May 14, 2024

Designated for publication Jones, J. (King, Jones, Oldham), bankruptcy Affirming denial of motion to vacate bankruptcy court’s order removing four members of the Official Committee of Unsecured Creditors in the Archdiocese’s Chapter 11 bankruptcy, and holding that the former members of the committee lack standing to prosecute the appeal. Jolly, J. (Jolly, Smith, Haynes), federal … More May 13, 2024, opinions

May 1-7, 2024, opinions

May 8, 2024

Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions

April 29, 2024, opinions

April 30, 2024

Designated for publication Smith, J. (Higginbotham, Smith, Higginson), bankruptcy, Burford abstention Reversing denial of claimant’s motion for Burford abstention in adversarial proceeding brought by debtor trustee to challenge the creditor’s proof of claim; reversing denial of motion to dismiss certain claims that parties agreed were claims for equitable relief; and vacating dismissal of remaining damages … More April 29, 2024, opinions