Tag: Rehabilitation Act

February 14-16, 2024, opinions

February 19, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions

March 16, 2023, opinions

March 17, 2023

Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., dissenting; qualified immunity Reversing a denial of qualified immunity summary judgment dismissing § 1983 claims against school officials by mother of disabled public-school student who had been sexually assaulted by another student with known violent tendencies, whose teacher allowed the assaulted student and the aggressor … More March 16, 2023, opinions

November 5-6, 2021, opinions

November 8, 2021

Designated for publication Houston v. Texas Department of Agriculture, 20-20591, appeal from S.D. Tex. Higginson, J. (King, Higginson, Wilson), retaliation, Family and Medical Leave Act, Rehabilitation Act Affirming summary judgment dismissal of plaintiff’s claims of retaliation for exercising rights under the Family and Medical Leave Act and for discrimination under the Rehabilitation Act. The Court … More November 5-6, 2021, opinions

August 6, 2021 opinions

August 9, 2021

Designated for publication Johnson v. PRIDE Industries, Inc., 19-50173, appeal from W.D. Tex. Dennis, J. (Dennis, Elrod, Costa), employment discrimination Affirming in part, reversing in part, and remanding summary judgment dismissal of plaintiff’s § 1981 employment discrimination and retaliation claims against former employer. The Court held that the plaintiff raised a genuine issue of material … More August 6, 2021 opinions

Take the Fifth: April 6 and 7, 2021 opinions

April 12, 2021

Brackeen v. Haaland, 18-11479, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Wiener, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham), Indian Child Welfare Act, standing, Administrative Procedures Act No one principal opinion commanded a majority of the en banc Court as to the constitutionality of the Indian Child Welfare … More Take the Fifth: April 6 and 7, 2021 opinions

Take the Fifth: Dec. 16, 2020 opinions

December 17, 2020

Unpublished Union Pacific Railroad Company v. American Railway and Airway Supervisors’ Association, 18-50110, appeal from W.D. Tex. per curiam (Owen, King, Stewart), Owen, C.J., dissenting; labor law, employment law Reversing district court’s vacatur of Public Law Board’s order to reinstate employee on finding that positive drug test was a false-positive, and remanding for further proceedings. … More Take the Fifth: Dec. 16, 2020 opinions

Take the Fifth: Nov. 23, 2020 opinions

November 24, 2020

Designated for publication Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc. v. Kauffman, 17-50282, appeal from W.D. Tex. En banc; abortion law, preliminary injunction, stare decisis, § 1983 Owen, J., joined by Jolly, Jones, Smith, Elrod, Southwick, Willett, Ho, Duncan, Engelhardt, JJ.; Haynes, J., concurring in judgment and joining in reasoning … More Take the Fifth: Nov. 23, 2020 opinions