Tag: labor law

December 17, 2025, opinions

December 18, 2025

Designated for publication per curiam (en banc denial from Richman, Graves, Ramirez, JJ.) (voting for rehearing: Elrod, C.J., Jones, Smith, Oldham, JJ.; voting against rehearing: Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Englehardt, Wilson, Douglas, Ramirez, JJ.) (oral argument on original panel hearing), Ho, J., concurring in denial of rehearing; Oldham, J., dissenting … More December 17, 2025, opinions

October 23-24, 2025, opinions

October 27, 2025

Published decisions per curiam (Elrod, Jones, Higginson) (no oral argument), Higginson, J., dissenting; criminal, discovery, sealed records Granting unopposed motion for summary reversal of unexplained denial of joint unopposed motion for entry of modified protective order for production of criminal discovery records. Finding: “The dissent raises the concern that a reversal of the District Court’s … More October 23-24, 2025, opinions

October 14-15, 2025, opinions

October 16, 2025

Designated for publication Clement, J. (Clement, Engelhardt, Wilson) (oral argument), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Denying petition for en banc rehearing, but granting petition for panel rehearing and substituting a new opinion in place of the panel’s May 8, 2025, opinion; reversing the denial of Southwest’s motion for judgment as a matter of law … More October 14-15, 2025, opinions

July 14, 2025, opinions

July 15, 2025

Designated for publication per curiam (Southwick, Oldham, Ramirez), criminal, sentencing, Second Amendment Affirming conviction and sentence for possession of a firearm by a felon. Joseph Terrell Goody, a known gang member with a lengthy criminal record, was convicted of being a felon in possession of a firearm after police discovered a loaded rifle hidden in … More July 14, 2025, opinions

July 10, 2025, opinions

July 11, 2025

Designated for publication Douglas, J. (Dennis, Oldham, Douglas), Dennis, J., dissenting; sec. 1983, pretrial detention Affirming dismissal of claims by pretrial detainee regarding the alleged misuse of suicide watch protocols by county and county officials. Ronnie Alexander, a pretrial detainee at Henderson County Jail, was moved to a “violent cell” after he falsely claimed to … More July 10, 2025, opinions

July 7, 2025, opinions

July 8, 2025

Designated for publication Willett, J. (Richman, Willett, Douglas), Douglas, J., concurring; labor law Reversing NLRB order that Apple violated the National Labor Relations Act at an Apple retail store by coercively interrogating an employee and by removing unionization literature from a break room. This Fifth Circuit case arises from unionization efforts at an Apple retail … More July 7, 2025, opinions

May 28, 2025, opinions

May 31, 2025

Designated for publication Oldham, J. (Richman, Oldham, Ramirez, JJ.; Judges Richman and Ramirez did not concur in footnote 5); Fourth Amendment, state-law immunity, state constitutional claims, qualified immunity On claims arising from alleged conspiracy to steal documents from a cloud-based file storage system against various Texas agencies and in official- and individual-capacity against officials of … More May 28, 2025, opinions

May 23, 2025, opinions

May 24, 2025

Designated for publication Higginson, J. (Elrod, Dennis, Higginson), First Amendment, sovereign immunity Affirming in part and vacating in part preliminary injunction against state entities to enjoin Texas law limiting information provided under managed vision plans, as an impingement on commercial speech, and affirming in part and vacating in part motion to dismiss on sovereign immunity … More May 23, 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 6, 2025, opinions

May 7, 2025

Designated for publication Ramirez, J. (Richman, Graves, Ramirez), Richman, J., dissenting; labor law, appellate jurisdiction The Court dismissed Amazon’s appeal of what it argued was a constructive denial of its motion for temporary restraining order or preliminary injunction of the NLRB’s Bargaining Case proceeding, for lack of appellate jurisdiction on the basis that there was … More May 6, 2025, opinions