Designated for publication Higginson, J. (Clement, Graves, Higginson), breach of contract, mootness Affirming district court’s affirmance of bankruptcy court’s denial of motion to assume an executory contract, upholding finding that there was insufficient evidence in the record to show that, under Texas law, there was sufficient identification of the property or an offer or acceptance … More May 3, 2023, opinions
Designated for publication Engelhardt, J. (Higginbotham, Smith, Engelhardt), venue, insurance, forum selection clause Affirming dismissal without prejudice of plaintiff’s coverage suit for forum non conveniens, on basis that parties’ insurance policy contained an enforceable forum-selection clause requiring litigation in the courts of England and Wales with no return-jurisdiction clause required. Holding that it should apply … More May 1, 2023, opinions
Designated for publication Clement, J. (Smith, Clement, Wilson), insurance Affirming summary judgment in favor of insurer on homeowners’ suit for coverage for mold-related losses. Unpublished per curiam (Jones, Haynes, Oldham), criminal, restitution Affirming denial of writ of coram nobis as a collateral attack on restitution order. per curiam (Stewart, Dennis, Willett), prisoner suit Affirming dismissal … More April 18, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sufficiency of evidence, jury instructions, 404(b), Confrontation Clause Affirming convictions of kidnapping and other counts arising from drug trafficking conspiracy, rejecting arguments regarding the kidnapping jury instruction, sufficiency of the evidence, admission of 404(b) evidence, and violation of the Confrontation Clause. Dennis, J. (Davis, Dennis, Higginson), … More April 3, 2023, opinions
Designated for publication Engelhardt, J. (Richman, Ho, Engelhardt), National Environmental Policy Act, sovereign immunity Affirming summary judgment in favor of Corps of Engineers on plaintiffs’ claims that Corps should be compelled to prepare a supplemental environmental impact statement pursuant to NEPA to increase usage of the Bonnet Carre Spillway, which summary judgment dismissed claims on … More March 27, 2023, opinions
Designated for publication Richman, C.J. (Richman, Southwick, Willett), Americans with Disabilities Act Vacating in part and affirming in part summary judgment in favor of Methodist Hospitals on EEOC’s claims that Methodist violated the ADA, vacating summary judgment on claim that Methodist’s most-qualified-applicant policy violated the ADA when it refused to reassign a disabled applicant to … More March 17, 2023, opinions
Designated for publication Willett, J. (Graves, Willett, Engelhardt), insurance, preemption, sovereign immunity, standing Affirming dismissal of former federal employee’s claim against health insurer and federal Office of Personnel Management arising from the denial of coverage for proton therapy for cancer; district court had dismissed claims against OPM under sovereign immunity, and against Blue Cross on … More March 13-14, 2023, opinions
Designated for publication per curiam (en banc Court); Clean Air Act, standing Ordering en banc rehearing, and vacating panel opinions in matter from July 29, 2020 (968 F.3d 357; Davis, Costa, Oldham; opinion by Costa, J.; dissent in part by Oldham, J.) and August 30, 2022 (47 F.4th 408; Davis, Costa, Oldham; opinion by Costa, … More February 27, 2023, opinions
Designated for publication King, J. (King, Graves, Ho), insurance Reversing district court’s judgment that Texas’s Emergency Care Statutes’ provision that medical insurers must reimburse out-of-network emergency care providers at their “usual and customary rate” creates a private right of action. After the Texas Supreme Court, on a certified question, held that the statutes do not … More February 16, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions
