Designated for publication Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case … More January 12, 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
Unpublished per curiam (Richman, Stewart, Scholer, by designation), Title VII, Family and Medical Leave Act, employment discrimination, sanctions, discovery Affirming summary judgment dismissal of Title VII, Rehabilitation Act, and FMLA discrimination claims against former employer, and discovery decisions and denial of motion for sanctions. per curiam (King, Haynes, Graves), criminal Affirming conviction on bank robbery … More January 9, 2024, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), administrative law Reversing $6.5 million penalty judgment and vacating injunction issued after jury verdict in civil enforcement action brought by the CFTC against energy commodity trader under 17 CFR § 155.4(b)(2)(i), “a regulation that prevents commodities traders from ‘taking the other side of orders’ without clients’ consent.” … More January 8, 2024, opinions
Designated for publication per curiam (Jones, Stewart, Duncan); Duncan, J., concurring; Jones, J., concurring; qualified immunity Affirming denial of motion to dismiss on qualified immunity, regarding plaintiff’s claims against Department of Public Safety and Corrections official for over-detention. Plaintiff was detained in a Louisiana prison 41 days past the end of his 90-day sentence, because … More January 5, 2024, opinions
Unpublished per curiam (Jones, Southwick, Ho), product liability Dismissing as frivolous appeal from dismissal of product liability suit regarding seatbelts and airbags. per curiam (Jones, Southwick, Ho), criminal, sentencing Affirming sentence on conviction of drug offenses and possessing a firearm as a felon. per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing Affirming conviction and 57-month sentence … More December 26-28, 2023, opinions
Designated for publication Elrod, J. (Higginbotham, Smith, Elrod), criminal, search and seizure, sentencing Affirming conviction and sentence on various drug trafficking offenses and possession of a firearm by a felon; upholding denial of multiple motions to suppress; and upholding application of dangerous weapon enhancement to sentencing calculation. Unpublished per curiam (Smith, Higginson, Engelhardt), prisoner suit … More December 21, 2023, opinions
Designated for publication Elrod, J. (Higginbotham, Smith, Elrod), criminal, sentencing Affirming conviction for wire fraud, affirming 120-month imprisonment term, but vacating written judgment that sentence would run consecutively with any state-court sentences and remanding with order to conform to oral pronouncement that federal sentence would run concurrently with state-court sentences. Unpublished per curiam (Jones, Barksdale, … More December 20, 2023, opinions
Designated for publication Wilson, J. (Higginbotham, Stewart, Wilson), Prison Litigation Reform Act, mootness, prisoner suit Vacating district court’s preliminary injunction regarding housing of juvenile offenders in detention facility at the Angola State Penitentiary, and dismissing appeal from merits of that injunction, on basis that time period for injunctive remedy under the PLRA has run and … More December 19, 2023, opinions
Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), Higginson, J., dissenting; voting rights, election law, standing Reversing summary judgment in favor of voter advocacy organization, and rendering judgment in favor of Texas officials (actively defended by intervenor attorney general) rejecting organization’s challenge to Texas’s original “wet” signature requirement as a violation of the Civil Rights … More December 15, 2023, opinions
