Designated for publication Smith, J. (Jones, Smith, Graves), insurance, COVID-19 Affirming dismissal of helicopter services company in dispute arising from claim against its all-risk insurer to recover economic losses from the partial interruption of business during the pandemic. The Court held that the requirement for “direct physical loss of or damage” to property as an … More January 30, 2023, opinions
Designated for publication Elrod, J. (Richman, Higginbotham, Elrod), First Amendment, mootness Vacating injunction ordering display submitted by the Freedom From Religion Foundation be displayed at the Texas State Capitol, because state had repealed altogether its Capitol Exhibit Rule that had allowed the display of submitted exhibits that met certain non-onerous requirements, such that there was … More January 27, 2023, opinions
Designated for publication per curiam (Smith, Southwick, Douglas), criminal, restitution Affirming the denial of a motion for adjustment of a restitution order, holding that an inmate’s $1400 stimulus payment under the American Rescue Plan Act was not exempt from being applied toward a restitution order. Unpublished per curiam (King, Stewart, Haynes), criminal, guilty plea Affirming … More January 9, 2023, opinions
Designated for publication Southwick, J. (Higginbotham, Southwick, Higginson), appellate jurisdiction Dismissing appeal from denial of motion to quash grand jury subpoenas and compelling compliance with a grand jury subpoena. The Court held that “[t]here is no jurisdiction for appeals challenging a grand jury subpoena for production of documents unless (1) the appellant has been held … More December 28-30, 2022, opinions
Designated for publication Graves, J. (Graves, Willett, Engelhardt), insurance Affirming declaratory judgment in favor of insurance company that it did not owe coverage or defense to its insured for damages incurred by insured’s employees. Southwick, J. (Higginbotham, Southwick, Higginson), excessive force, municipal liability Reversing 12(b)(6) dismissal of excessive force claims against officer who punched plaintiff … More December 21-22, 2022, opinions
Unpublished per curiam (Jones, Smith, Graves), intellectual property Affirming judgment in favor of Lisa Fodera declaring her the lawful owner of Julian Jackson’s 50% interest in the Ohio Players’ music rights. per curiam (Jones, Smith, Graves), immigration Denying in part and dismissing in part Cameroonian citizen’s petition for review of BIA order denying motion for … More December 20, 2022, opinions
Designated for publication Ho, J. (Richman, Ho, Engelhardt), Richman, C.J., concurring; immigration Denying Salvadoran citizen’s petition for review of BIA order affirming IJ’s denial of motion to reopen proceedings for removal in absentia. The Court held that the IJ did not err in finding that the failure to provide the petitioner with a Notice to … More December 15, 2022, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), foreign discovery Reversing 28 U.S.C. § 1782(a) order for foreign discovery, and remanding for further proceedings. The Court held that the district court “misconstrued our precedent and erroneously rebuffed respondents’ challenge” to a discovery order’s “validity pursuant to statutory requirements and the Supreme Court’s ‘Intel factors.’” (Citing … More December 13, 2022, opinions
Designated for publications per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Ho, J., dissenting from denial of rehearing (joined by Smith, Engelhardt, JJ.); criminal, Commerce Clause Denying rehearing en banc of a panel decision affirming conviction for being a felon in possession of a firearm, … More November 11, 2022, opinions
Designated for publication Clement, J. (Clement, Duncan, Wilson), qualified immunity Dismissing appeal of denial of summary judgment on qualified immunity grounds, where summary judgment was denied based on a finding of a dispute of material fact. The Court held that its jurisdiction to review a denial of qualified immunity summary judgment was limited to the … More October 31, 2022, opinions
