Tag: Rule 60(B)

August 25, 2026, opinions

August 26, 2026

Designated for publication Engelhardt, J. (Willett, Engelhardt, Douglas) (oral argument), Willett, J., concurring; criminal, Second Amendment, forfeiting argument Originally released a day before as an unpublished per curiam (though still with Judge Willett’s separate concurrence, re-released as a published disposition with the majority opinion attributed to Judge Engelhardt. Affirming dismissal of indictment of felon-in-possession on … More August 25, 2026, opinions

March 10-11, 2026, opinions

March 16, 2026

Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), Haynes, J., “simply joins in the denial” without separate concurring opinion; class action, mandamus, Fair Labor Standards Act Denying writ of mandamus from district court’s certification of collective action under the Fair Labor Standards Act. The Fifth Circuit denied the employer’s petition for a … More March 10-11, 2026, opinions

January 16, 2025, opinions

January 17, 2026

Designated for publication Stewart, J. (Smith, Stewart, Haynes) (oral argument), maritime law, timeliness Affirming summary judgment dismissal of limitation-of-liability suit as untimely, when it was filed three years after former employee’s state-court negligence suit was filed in state court. Seaman claimant Brandon Darrow, employed by Genesis Marine, LLC, suffered a severe back injury while working … More January 16, 2025, opinions

October 30-31, 2025, opinions

November 3, 2025

Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Haynes, dissenting in part; timeliness, personal torts Affirming dismissal as untimely of claims brought under Texas law, originally in Texas state courts but then removed, for monetary damages arising from chemical explosions at defendant’s facility, where original action was certified as to injunctive relief class … More October 30-31, 2025, opinions

March 10, 2025, opinions

March 11, 2025

Designated for publication per curiam (Elrod, Oldham, Wilson), Fair Housing Act, Rule 60(b), notice of appeal Affirming denial of landlord defendant’s Rule 60(b) motion after summary judgment for plaintiff tenant on claims of disability discrimination and retaliation under the Fair Housing Act, finding no abuse of discretion. The Court held that the original summary judgment, … More March 10, 2025, opinions

March 7, 2024, opinions

March 8, 2024

Designated for publication Stewart, J. (Jones, Stewart, Duncan), labor law Denying in part and granting in part petition for review of NLRB decision that the petitioner’s RN Case Managers are not NLRA-exempt supervisors and that the petitioner violated the NLRA by creating an impermissible oral workplace rule, threatening employees who exercised protected activity, interrogating staff … More March 7, 2024, opinions

February 23, 2024, opinions

February 26, 2024

Designated for publication Southwick, J. (Smith, Southwick, Higginson), removal, jurisdiction, personal jurisdiction Affirming dismissal of two non-diverse defendants as improperly joined and denial of remand, and affirming dismissal of out-of-state defendants for lack of personal jurisdiction, in action arising from injuries suffered during crash of single-engine airplane piloted by the plaintiff. The crash occurred in … More February 23, 2024, opinions

December 12-14, 2023, opinions

December 15, 2023

Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions