October 14-15, 2025, opinions

Designated for publication Clement, J. (Clement, Engelhardt, Wilson) (oral argument), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Denying petition for en banc rehearing, but granting petition for panel rehearing and substituting a new opinion in place of the panel’s May 8, 2025, opinion; reversing the denial of Southwest’s motion for judgment as a matter of law … More October 14-15, 2025, opinions

September 29, 2025, opinions

Designated for publication Richman, J. (Richman, Haynes, Graves), prisoner suit, qualified immunity Reversing denial of qualified immunity to prison official defendants on inmate’s claims that prison official defendants unlawfully confiscated his earnings from sale of leather belts at Angola Prison Rodeo and deprived him of due process. Gregory Savage, an inmate at Angola Prison, sued … More September 29, 2025, opinions

August 11, 2025, opinions

Designated for publication per curiam (Dennis, Haynes, Engelhardt), Engelhardt, J., dissenting; Title VII Affirming summary judgment dismissal of plaintiff’s Title VII claim of religious discrimination after defendant granted plaintiff employee a religious accommodation for flu vaccination requirement. Tisha Palms, a radiographer at Texas Children’s Hospital (TCH), sued the hospital for failure to accommodate her religious … More August 11, 2025, opinions

July 2, 2025, opinions

Designated for publication Graves, J. (Smith, Graves, Duncan), trademark infringement, Lanham Act Affirming summary judgment in defendants’ favor on Lanham Act trademark infringement claims. This case stems from a dispute among members of the 1990s R&B group Jade. Di Reed sued her former bandmates Joi Marshall and Tonya Harris, along with a new singer, Myracle … More July 2, 2025, opinions

June 5, 2025, opinions

Designated for publication Stewart, J. (Stewart, Clement, Willett), criminal, sufficiency of evidence, restitution Affirming conviction of operator of compound pharmacy for receiving illegal kickbacks as part of a conspiracy to induce physicians to prescribe highly lucrative prescriptions, and affirming restitution award. Xpress Compounding was a pharmacy focused on maximizing profits through pain cream prescriptions billed … More June 5, 2025, opinions

February 27, 2025, opinions

Unpublished per curiam (Graves, Willett, Wilson), criminal Affirming conviction of possession of a firearm by a felon. Richman, J. (Stewart, Richman, Haynes), criminal, sufficiency of evidence Affirming conviction of making a false statement to a bank. per curiam (Smith, Clement, Duncan), employment Affirming summary judgment against plaintiff, upholding ruling that restrictive covenants in Employee Service … More February 27, 2025, opinions

December 9-13, 2024, opinions

Designated for publication Higginson, J. (Smith, Clement, Higginson), criminal, sentencing, sufficiency of evidence, Affirming convictions of substantive healthcare in scheme to defraud TRICARE by ordering unnecessary toxicology and DNA cancer screening tests, finding sufficient evidence to support convictions, finding no plain error in district court’s exclusion of testimony regarding statements purportedly made to defendant by … More December 9-13, 2024, opinions

October 28, 2024, opinions

Designated for publication Elrod, C.J. (Elrod, Wiener, Wilson), labor law Reversing dismissal of union’s complaint against airline under the Railway Labor Act as subject to arbitration, holding that the union sufficiently pled the anti-union animus exception to RLA arbitration, and remanding for further proceedings. Engelhardt, J. (Jones, Willett, Engelhardt), First Amendment, timeliness Affirming dismissal of … More October 28, 2024, opinions

October 11, 2024, opinions

Designated for publication Wilson, J. (Jones, Clement, Wilson), criminal, sentencing Affirming conviction on making false statements involving international terrorism; vacating conviction on three counts of obstructing an official proceeding; and vacating 108-month sentence and remanding for resentencing. Charges arose from defendant’s entering into a romantic relationship with a target of her investigation, who she was … More October 11, 2024, opinions

August 1-15, 2024, opinions

Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions