Designated for publication Wilson, J. (Willett, Duncan, Wilson) (oral argument), qui tam, False Claims Act Affirming dismissal of False Claims Act qui tam suit. Jack Palmer, hired by Comcast in 2016 to audit Tata Consulting Services’ immigration practices, filed a qui tam action under the False Claims Act (FCA). Tata employs roughly 30,000 workers in … More April 29, 2026, opinions
Designated for publication Douglas, J. (Smith, Higginson, Douglas) (oral argument), sec. 1988, standing, attorneys’ fees Affirming vacatur of attorneys’ fee award after vacatur of declaratory judgment relief for lack of standing in plaintiff’s constitutional challenge to city’s home rule charter. Plaintiffs-Appellants challenged provisions of the City of Houston home-rule charter requiring initiative petition circulators to … More January 2-6, 2026, opinions
Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Ho, J., concurring; False Claims Act, qui tam Affirming dismissal of qui tam action under False Claims Act. Inpatient-rehabilitation facilities (IRFs) provide intensive therapy to patients after hospital discharge and are reimbursed by Medicare per discharge, contingent on compliance with procedural rules such as … More November 3, 2025, opinions
Unpublished per curiam (Jones, Stewart, Duncan), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claims. per curiam (Jolly, Dennis, Higginson), False Claims Act, qui tam Affirming in part and reversing in part dismissal of False Claims Act qui tam claims against housing authority and property management companies for federal housing regulations violations and … More September 22, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 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
Unpublished per curiam (Richman, Dennis, Ho), immigration Denying Honduran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of motion to reopen and to rescind absentia order of removal. per curiam (King, Stewart, Haynes), criminal, sentencing Affirming 120-month sentence and conviction for illegal reentry. per curiam (Higginbotham, Duncan, Engelhardt), products liability Affirming … More December 6, 2022, opinions
Designated for publication Clement, J. (Clement, Duncan, Wilson), qualified immunity Dismissing appeal of denial of summary judgment on qualified immunity grounds, where summary judgment was denied based on a finding of a dispute of material fact. The Court held that its jurisdiction to review a denial of qualified immunity summary judgment was limited to the … More October 31, 2022, opinions
(While I was on vacation/college-touring around the Northeast, then dealing with the Covid gathered from somewhere in the Northeast, I tracked 5th Circuit opinions for purposes of the gathering of opinion statistics from July 20 through August 12, but those opinions are not summarized here. So, picking back up with August 15 …) Designated for … More August 15, 2022, opinions
Designated for publication Collins v. Yellen, 17-20364, appeal from S.D. Tex. per curiam (joined by Owen, Jones, Smith, Elrod, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J., dissenting, joined by Stewart, Dennis, Graves, Costa, JJ.); separation of powers After partial vacatur and remand by U.S. Supreme Court of en banc decision at … More March 1-4, 2022, opinions
