Tag: insurance

June 5, 2025, opinions

June 6, 2025

Designated for publication Stewart, J. (Stewart, Clement, Willett), criminal, sufficiency of evidence, restitution Affirming conviction of operator of compound pharmacy for receiving illegal kickbacks as part of a conspiracy to induce physicians to prescribe highly lucrative prescriptions, and affirming restitution award. Xpress Compounding was a pharmacy focused on maximizing profits through pain cream prescriptions billed … More June 5, 2025, opinions

May 8-9, 2025, opinions

May 12, 2025

Designated for publication Clement, J. (Clement, Engelhardt, Wilson), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Reversing the denial of Southwest’s motion for judgment as a matter of law on employee’s belief-based Title VII claim and RLA retaliation claim and remanding with instructions for the district court to enter judgment for Southwest; affirming … More May 8-9, 2025, opinions

May 1, 2025, opinions

May 2, 2025

Unpublished opinions Richman, J. (King, Richman, Higginson), insurance Affirming summary judgment in favor of insurer on its declaratory judgment claim regarding exclusion from coverage. per curiam (Smith, Graves, Duncan), Title VII, employment discrimination Affirming summary judgment in favor of university employer on race discrimination claims. per curiam (Davis, Smith, Higginson), insurance Affirming summary judgment in … More May 1, 2025, opinions

March 7, 2025, opinions

March 10, 2025

Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), criminal Affirming conviction of fraud and financial crimes arising from real-estate scheme, rejecting arguments that admission of prior-convictions evidence was plain error and that district court abused its discretion in limiting the good-faith defense and denying funding for expert witness. Smith, J. (Elrod, Smith, Engelhardt), … More March 7, 2025, opinions

February 28, 2025, opinions

March 7, 2025

Designated for publication per curiam (voting against en banc rehearing: Elrod, Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Jones, Smith, Duncan, Engelhardt, Oldham, JJ.); Ho, J., concurring in denial of rehearing; criminal, sentencing, en banc Denying en banc rehearing of panel opinion (Elrod, Dennis, Higginson) … More February 28, 2025, opinions

February 11, 2025, opinions

February 12, 2025

Designated for publication per curiam (voting against rehearing: Jones, Smith, Richman, Southwick, Haynes, Willett, Duncan, Engelhardt, Wilson, JJ.; voting for rehearing: Stewart, Graves, Higginson, Douglas, Ramirez, JJ.; Elrod, Ho, Oldham, JJ., not participating in poll); Higginson, J., dissenting from denial of rehearing (joined by Stewart, Graves, Douglas, JJ.); sovereign immunity, contempt Denying rehearing en banc … More February 11, 2025, opinions

February 7, 2025, opinions

February 12, 2025

Designated for publication Ho, J. (Higginbotham, Willett, Ho), bankruptcy Dismissing for lack of jurisdiction appeal from order reopening bankruptcy proceedings; and affirming dismissal of debtor’s claim to challenge foreclosure sale. Ho, J. (Ho, Duncan, Oldham), criminal, sentencing Affirming sentence based on calculation of criminal history points that included additional convictions and sentences entered against the … More February 7, 2025, opinions

February 6, 2025, opinions

February 12, 2025

Designated for publication Higginson, J. (Davis, Higginson, Douglas), insurance Affirming summary judgment in favor of insurer on bad faith claims under Texas law. Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, search and seizure, Second Amendment Affirming constitutionality of conviction of possessing an unregistered suppressor in violation of the National Firearms Act, and upholding denial of motion … More February 6, 2025, opinions

February 3-4, 2025, opinions

February 11, 2025

Designated for publication per curiam (Elrod, Dennis, Higginson), habeas corpus, Armed Career Criminal Act Vacating dismissal of § 2255 petition challenging ACCA-enhanced sentencing, on the basis that a new decision from the Texas Court of Criminal Appeals that abrogated prior Fifth Circuit precedent that Texas-law robbery by threat and aggravated robbery by threat qualified as … More February 3-4, 2025, opinions

January 29, 2025, opinions

January 30, 2025

Designated for publication Southwick, J. (Southwick, Haynes, Douglas), Haynes, J., dissenting; insurance Affirming summary judgment for insurer on dispute over interpretation of flood deductible provision in builder’s risk insurance policy. The Court held that the district court did not err in resolving the ambiguity in summary judgment review of extrinsic evidence where the insured had … More January 29, 2025, opinions