Tag: municipal liability

October 22, 2026, opinions

October 23, 2026

Designated for publication Higginson, J. (Southwick, Higginson, Douglas) (oral argument), Freedom of Information Act, administrative law Reversing in part summary judgment for FEMA on plaintiff organization’s FOIA challenge, reversing dismissal of case with prejudice, finding that additional record development was required to determine equitable relief, and remanding for further development of the record. La Unión … More October 22, 2026, opinions

October 15, 2026, opinions

October 16, 2026

Designated for publication Clement, J. (Elrod, Clement, Oldham) (no oral argument), administrative law Granting petition for review of FCC creation of entity to administer universal service programs, and remanding to FCC. The FCC collects billions of dollars annually from telecommunications carriers to fund universal service programs—Lifeline, High Cost, E-Rate, and Rural Health—through the Universal Service … More October 15, 2026, opinions

October 9-10, 2026, opinions

October 12, 2026

Designated for publication en banc per curiam (coting against rehearing: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez; voting for rehearing: Jones, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (no oral argument); Richman, J., concurring in denial of rehearing; Ho, J., dissenting from denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined … More October 9-10, 2026, opinions

October 8, 2026, opinions

October 9, 2026

Designated for publication Douglas, J. (Clement, Oldham, Douglas) (oral argument withdrawn), breach of contract, expert witness, mandate Affirming defense judgment after bench trial on remand from reversal of earlier summary judgment for defendant. Energy trading firm MIECO contracted with natural gas producer Pioneer for the daily sale of 20,000 million British thermal units of natural … More October 8, 2026, opinions

October 1-2, 2026, opinions

October 5, 2026

Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions

September 15-16, 2026, opinions

September 17, 2026

Designated for publication Jones, J. (Higginbotham, Jones, Southwick) (no oral argument), Toxic Substances Control Act, administrative law Granting industry petitioner’s petition for review of EPA rule, vacating rule, and remanding to EPA. Methylene chloride (MC) is a volatile chemical solvent widely used in adhesives, automotive products, and paint removers. EPA determined that nearly all uses … More September 15-16, 2026, opinions

September 2, 2026, opinions

September 3, 2026

Designated for publication per curiam (King, Smith, Ramirez) (oral argument), qualified immunity Reversing denial of qualified immunity, and rendering judgment dismissing claims against officer defendants. In February 2021, Harris County Constable’s officers responded to a 911 call about two men screaming outside a caller’s home; the caller reported having a weapon. Canine-handling Officer Johnson arrived … More September 2, 2026, opinions

August 24, 2026, opinions

August 25, 2026

Designated for publication per curiam (Elrod, Richman, Willett), Willett, J., dissenting (no oral argument); qualified immunity, municipal liability Affirming the district court’s dismissal of all claims—both the individual-capacity claims on qualified immunity grounds and the Monell claim for failure to plausibly allege an official policy or custom. On August 29, 2020, Tara Fogleman-Laxey staged a … More August 24, 2026, opinions

August 19-21, 2026, opinions

August 22, 2026

Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), criminal, sentencing, guilty plea On remand from U.S. Supreme Court, dismissing appeal of conviction and sentence in light of appeal waiver in plea agreement. Davantae London robbed multiple Wal-Mart stores at gunpoint in the Houston area. As part of his plea agreement, he waived … More August 19-21, 2026, opinions

August 17-18, 2026, opinions

August 19, 2026

Designated for publication Higginson, J. (Richman, Higginson, Douglas) (oral argument), criminal, sufficiency of evidence, witness testimony, evidence, sentencing, Second Amendment, Commerce Clause Affirming conviction and sentence on drug and firearms charges. Travis Enclade and Terence Wilson, relatives suspected of narcotics trafficking in New Orleans, were the subjects of a two-month DEA surveillance operation using pole … More August 17-18, 2026, opinions