Designated for publication Smith, J. (Smith, Graves, Wilson); Graves, J., dubitante; § 1983, amendment Affirming denial of untimely motion to amend, where § 1983 plaintiff failed to adequately explain the justification for his untimeliness. Judge Graves filed a dubitante opinion. “I agree that Banks failed to give an adequate excuse for his failure to diligently … More June 26, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), breach of contract, fraudulent inducement Reversing judgment and $1.6 billion in combined compensatory and punitive damages in favor of plaintiff on breach of contract and fraudulent inducement claims, holding that liability determination was in error. The Court held that IBM’s actions in replacing BMC mainframe software on … More April 30, 2024, opinions
Designated for publication Jolly, J. (Jolly, Smith, Haynes), Federal Tort Claims Act Reversing district court’s dismissal of former federal inmate’s FTCA claim arising from alleged assault by prison officials; rejecting premise that there may be a de minimis injury exception from tort liability; remanding for further proceedings. Dennis, J. (Dennis, Engelhardt, Oldham), Oldham, J., dubitante; … More April 24, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Jones, Smith, Elrod, Haynes, Ho, Duncan, Engelhardt, Wilson; voting for en banc rehearing: Stewart, Southwick, Graves, Higginson, Willett, Douglas, Ramirez; recused: Oldham, J.); Jones, J., concurring in denial of rehearing (joined by Smith, Elrod, Ho, Engelhardt, Wilson, JJ.); Higginson, J., dissenting from denial of … More March 14, 2024, opinions
Designated for publication Duncan, J. (Richman, Haynes, Duncan), Administrative Procedures Act, preemption, healthcare law Affirming in part and reversing in part district court’s judgment that Title X of the Public Health Service Act violates the plaintiff’s constitutional right to consent to the provision of contraceptive care to his minor daughters and that a regulation promulgated … More March 11-12, 2024, opinions
Designated for publication per curiam (Jones, Dennis, Douglas), immigration Denying Honduran citizen’s petition for review of BIA order denying motion to reopen removal proceedings for adjustment of status based on marriage to U.S. citizen. The Court held that the petitioner was never previously validly admitted to the U.S. as a nonimmigrant because, while he had … More March 4, 2024, opinions
Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal jurisdiction, international arbitration, maritime law Reversing district court’s confirmation of international arbitration award of $200 million arising from explosion of chemical tanks aboard plaintiff’s chartered vessel, holding that the loading of the chemical tanks on the vessel in the Port of New Orleans was insufficient to … More January 29, 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 Jones, J. (King, Jones, Duncan), maritime law Affirming the judgment on jury verdict that owner of one vessel involved in a river collision was not negligent; but vacating judgment that other vessel owner was negligent and captain was grossly negligent and remanding for new trial, based on holding that district court instructed … More December 4, 2023, opinions
