Designated for publication Dennis, J. (Richman, Dennis, Haynes), qualified immunity, municipal liability Reversing qualified immunity summary judgment on plaintiff’s false arrest claim, but affirming summary judgment on excessive force claim and on municipal liability claim. As to the false arrest claim, the Court held that the arresting officer entered the curtilage of the plaintiff’s property … More August 15, 2023, opinions
Designated for publication per curiam (Clement, Elrod, Willett), criminal, sentencing Affirming 405-month sentence on conviction of enticement of a minor, travel with intent to engage in illicit sexual conduct, and transfer of obscene material to a minor; affirming $100 special assessment on each of three counts; but vacating $5,000 assessment under the Justice for Victims … More August 8, 2023, opinions
Designated for publication Jones, J. (Jones, Southwick, Ho), Southwick, J., dissenting; Federal Power Act, administrative law Reversing FERC orders implementing cost allocation scheme for electrical grid improvements in much of the American West, in the WestConnect region, holding that the orders violate the Federal Power Act as a matter of law and that FERC inadequately … More August 2, 2023, opinions
Designated for publication Higginson, J. (Higginbotham, Southwick, Higginson), insurance Affirming in part and reversing in part summary judgment in favor of insurers on claim for defense and indemnification under CGL and umbrella policies for an underlying suit against the insured alleging contamination from the plaintiff’s auto salvage and vehicle wash properties. The Court held that … More July 28-31, 2023, opinions
Designated for publication per curiam (en banc), labor law Ordering rehearing en banc; vacating March 31, 2023, panel opinion that had denied petitions for review of NLRB order finding that Tesla CEO Elon Musk posted an unlawful threat on Twitter, that employee was unlawfully terminated, that Tesla did not unlawfully solicit and promise to remedy … More July 21, 2023, opinions
Designated for publication Duncan, J. (Graves, Ho, Duncan), Graves, J., dissenting in part; Ho, J., dissenting; COVID-19, mootness Dismissing appeal of injunction of Navy vaccine mandates, as moot, after Navy complied with Congressional directive, rescinded challenged policies requiring COVID-19 vaccinations even for servicemembers with religious objections, and formally announced that vaccines would not be imposed … More July 6, 2023, opinions
Designated for publication Wiener, J. (Wiener, Southwick, Duncan), criminal, sentencing Affirming reliance on obstruction of justice enhancement to apply to base sentencing level, resulting in 21-month sentence on conviction of assaulting, resisting, or impeding various officers or employees. The Court held that the district court did not clearly err in finding that the defendant obstructed … More June 1, 2023, opinions
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 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
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
