Designated for publication Jones, J. (Elrod, Jones, Stewart), Stewart, J., concurring in judgment only; insurance Reversing judgment in favor of insurer in claim brought by re-insurer, on basis that insurer’s delay in providing notice to re-insurer of claims was objectively unreasonable and material. The Fifth Circuit reversed a district court ruling and held that United … More August 14, 2025, opinions
Designated for publication Higginson, J. (Graves, Higginson, Wilson), Age Discrimination in Employment Act, sec. 1983 Affirming dismissal of ADEA claim for failure to exhaust and to respond to a timeliness challenge, and dismissal of sec. 1983 claim for failure to plead a protected property interest in at-will employment. Jose E. Amstutz, a former Harris County … More July 17, 2025, opinions
Unpublished decisions per curiam (Dennis, Oldham, Douglas), criminal, search and seizure Affirming conviction of various drug offenses, upholding district court’s denial of his motion to suppress and its refusal to sever his trial from his co-defendant’s. per curiam (King, Haynes, Ho), prisoner suit Dismissing as frivolous Texas state prisoner’s appeal from dismissal of sec. 1983 … More July 9, 2025, opinions
Designation for publication Jones, J. (Jones, Oldham, Hendrix, by designation), Oldham, J., concurring; governmental immunity, collateral order doctrine Reversing denial of governmental immunity against police detective for investigation against and prosecution of personnel with a business neighboring the business of the detective’s employer in his moonlighting gig. This case concerns Detective Genaro Hernandez of the … More July 3-5, 2025, opinions
Designated for publication Granting en banc rehearing of unpublished February 26, 2025, panel opinion (Barksdale, Southwick, Graves, per curiam) reversing denial of summary judgment dismissal of plaintiff’s implied-false-certification claim and remanding for dismissal of case. Higginson, J. (Davis, Higginson, Douglas), search and seizure, administrative law, standing Vacating summary judgment in favor of airplane part manufacturer … More June 26, 2025, opinions
Designated for publication Haynes, J. (Stewart, Dennis, Haynes), criminal, Second Amendment Affirming conviction for possession of a firearm by a felon. In 2019, Texas authorities arrested Betancourt after he allegedly brandished a firearm during a domestic dispute and was later found with multiple firearms, ammunition, and body armor in his home. A federal grand jury … More June 4, 2025, opinions
Designated for publication U.S. v. West, 22-11001, appeal from N.D. Tex. (denying panel reh’g but substituting new op.) per curiam (Elrod, Willett, Duncan), Willett, J., concurring; Duncan, J., concurring; criminal, sentencing, restitution, appeal waiver Vacating $6,000 restitution order as part of sentence for production of child pornography, and remanding for further proceedings; also, on Court’s … More May 21, 2025, opinions
Designated for publication Southwick, J. (Wiener, Stewart, Southwick), supervised release, criminal Affirming revocation of supervised release based on failure to report to federal parole officer and on state crimes while on release, even though arrest for revocation of supervised release did not occur until after term of supervised release was over, upholding invocation of jurisdiction … More May 15, 2025, opinions
Designated for publication Clement, J. (Clement, Engelhardt, Wilson), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Reversing the denial of Southwest’s motion for judgment as a matter of law on employee’s belief-based Title VII claim and RLA retaliation claim and remanding with instructions for the district court to enter judgment for Southwest; affirming … More May 8-9, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Jones, Stewart), criminal, search and seizure Reversing grant of motion to suppress evidence from a house and vehicle, holding that the good-faith exception applied to overcome the bare-bones nature of the affidavit in support of the search warrant, and remanding for further proceedings. Southwick, J. (Southwick, Haynes, Douglas), Equal … More March 3-4, 2025, opinions
