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 Southwick, J. (King, Elrod, Southwick), Elrod, J., dissenting; Clean Air Act, administrative law Denying petitions for review of EPA order designating two Texas counties (Rusk and Panola) as in non-attainment for the NAAQS for sulfur dioxide, primarily due to emissions from a coal-burning power plant, and from order denying reconsideration of the … More January 11, 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
Designated for publication Clement, J. (Jones, Clement, Haynes), insurance, class action Vacating class certification and remanding for further proceedings on claim of undervaluation of total-loss claims due to insurer’s use of valuation system. The Court held that “class certification was only proper if plaintiffs could prove injury—i.e., underpayment—on a class-wide basis,” and rejecting premise that … More December 22, 2023, opinions
Designated for publication Jones, J. (Jones, Higginson, Duncan), Higginson, J., concurring; Clean Water Act, mootness Vacating district court’s judgment declining to review the Corps of Engineers’ jurisdictional determination under the Clean Water Act that landowner’s property contained jurisdictional wetlands, which determination the Corps had reached after the remand by the district court of an earlier … More December 18, 2023, opinions
Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), Higginson, J., dissenting; voting rights, election law, standing Reversing summary judgment in favor of voter advocacy organization, and rendering judgment in favor of Texas officials (actively defended by intervenor attorney general) rejecting organization’s challenge to Texas’s original “wet” signature requirement as a violation of the Civil Rights … More December 15, 2023, opinions
Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions
Designated for publication Smith, J. (King, Smith, Elrod), First Amendment Affirming in part and reversing in part district court’s dismissal of attorney’s First Amendment forced-speech and forced-association claims against state bar association and denial of preliminary injunction; remanding; and rendering injunction with respect to plaintiff only, holding that some of the LSBA’s activities are still … More November 13, 2023, opinions
Designated for publication Southwick, J. (King, Elrod, Southwick), Voting Rights Act Vacating district court’s preliminary injunction to enjoin Louisiana legislature’s 2022 congressional redistricting maps on the basis that the failure to create a second majority-Black district violated section 2 of the Voting Rights Act, and remanding for further proceedings to allow the legislature until January … More November 9-10, 2023, opinions
Unpublished per curiam (Richman, Stewart, Douglas), criminal, sufficiency of evidence, jury instructions, sentencing Affirming convictions and sentences arising from multi-million-dollar healthcare fraud conspiracy. per curiam (Dennis, Engelhardt, Wilson), criminal, sentencing Affirming 97-month sentence on conviction of harboring illegal aliens for the purpose of commercial advantage and private financial gain. per curiam (Smith, Ho, Engelhardt), criminal … More November 3, 2023, opinions
