October 21-25, 2021, opinions

Designated for publication Ghedi v. Mayorkas, 20-10995, appeal from N.D. Tex. Willett, J. (Stewart, Costa, Willett), Fourth Amendment, Administrative Procedures Act Affirming dismissal of plaintiff’s Fourth Amendment and APA claims against various federal officials in their official capacities arising from being subjected to air travel restrictions and inconveniences. While the Court disagreed with the district … More October 21-25, 2021, opinions

September 27-28, 2021 opinions

Designated for publication Rodriguez v. Garland, 20-60008, petition for appeal pf BIA order Higginbotham, J. (Higginbotham, Willett, Duncan), immigration Granting Uruguayan citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of his motion to reopen removal proceedings and rescind his absentia removal order, and remanding for further proceedings consistent with Niz-Chavez v. … More September 27-28, 2021 opinions

June 17, 2021 opinions

Designated for publication SED Holdings, LLC v. St. John, 19-20841, appeal from S.D. Tex. Duncan, J. (Haynes, Duncan, Engelhardt), fraud, breach of contract, res judicata, judicial estoppel Affirming judgment of fraud, but finding damages excessive and remanding for remittitur, and vacating judgment of breach of contract, and remanding for further proceedings. This case arose from … More June 17, 2021 opinions

Take the Fifth: March 1, 2021 opinions

Texas Association of Manufacturers v. U.S. Consumer Product Safety Commission, 17-60836, on petition for review of an order of the CPSC Owen, C.J. (Owen, Southwick, Higginson), administrative law, standing, Administrative Procedures Act Holding that the Consumer Product Safety Commission (“CPSC”) procedurally erred in promulgating a final rule limiting the concentration of 5 phthalates in children’s … More Take the Fifth: March 1, 2021 opinions

Take the Fifth: Dec. 11 and 14, 2020 opinions

Designated for publication Stelly v. Duriso, 19-20160, appeal from S.D. Tex. Haynes, J. (Jones, Haynes, Ho), Ho. J., concurring in part; intentional infliction of emotional distress, employment discrimination Vacating district court’s default judgment in favor of plaintiff on intentional infliction of emotional distress (“IIED”) claim against individual defendant in lawsuit against unions and maritime association … More Take the Fifth: Dec. 11 and 14, 2020 opinions

Take the Fifth: Nov. 23, 2020 opinions

Designated for publication Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc. v. Kauffman, 17-50282, appeal from W.D. Tex. En banc; abortion law, preliminary injunction, stare decisis, § 1983 Owen, J., joined by Jolly, Jones, Smith, Elrod, Southwick, Willett, Ho, Duncan, Engelhardt, JJ.; Haynes, J., concurring in judgment and joining in reasoning … More Take the Fifth: Nov. 23, 2020 opinions