Designated for publication Douglas, J. (Richman, Willett, Douglas), arbitration, Fair Labor Standards Act Affirming district court’s denial of motion compel arbitration on finding that defendant to plaintiff’s FLSA minimum-wage claim had waived its right to arbitrate. Dayana Garcia, a former server at Gloria’s restaurant chain, filed a Fair Labor Standards Act (FLSA) lawsuit alleging failure … More June 24, 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 per curiam (Smith, Clement, Duncan), social security Affirming award of disability benefits, rejecting argument that plaintiff was entitled to benefits from an earlier date. Ramirez, J. (Richman, Graves, Ramirez), labor law, jurisdiction Dismissing for lack of subject-matter jurisdiction appeal of “effective denial” of company’s challenge and motion for injunctive relief from allegedly … More March 5-6, 2025, opinions
Designated for publication Higginson, J. (Davis, Higginson, Douglas), insurance Affirming summary judgment in favor of insurer on bad faith claims under Texas law. Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, search and seizure, Second Amendment Affirming constitutionality of conviction of possessing an unregistered suppressor in violation of the National Firearms Act, and upholding denial of motion … More February 6, 2025, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for rehearing en banc: Ho, J.–yes, a 16-1 vote againt rehearing en banc); Duncan, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Oldham, Engelhardt, … More January 31, 2025, opinions
Designated for publication Jones, J. (Elrod, Jones, Barksdale), Second Amendment Reversing district court’s judgment that a 1968 federal statute prohibiting sale of handguns to 18- to 20-year-old adults was not unconstitutional and finding the ban is unconstitutional under the Second Amendment; overruling Court’s precedent from National Rifle Association, Inc. v. Bureau of Alcohol, Tobacco, Firearms, … More January 30, 2025, opinions
Designated for publication Wilson, J. (Davis, Graves, Wilson), administrative law Affirming dismissal of plaintiffs’ claims challenging as applied to them the use of a Total Per Capita Cost measure as part of the government defendants’ Merit-Based Incentive Payment System for purposes of adjustment of Medicare reimbursement rates, finding that plaintiffs’ regulatory challenge was statutorily barred. … More January 23-26, 2025, opinions
Designated for publication Richman, J. (Richman, Haynes, Duncan), criminal, sentencing, Armed Career Criminal Act Affirming constitutionality of conviction of possession of a firearm by a felon, and affirming for lack of plain error the 262-month sentence upon application of Armed Career Criminal Act. Oldham, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming denial … More January 13, 2025, opinions
Designated for publication Clement, J. (Smith, Clement, Higginson), breach of contract On breach of contract claim arising from the extension of a lease over a whole tract, rather than a portion, by a bank that managed co-lessor’s interest in a mineral interests on the tract, affirming district court’s judgment that the lease calculated royalty on … More January 6, 2025, opinions
Designated for publication Clerk Order (Voting AGAINST en banc hearing in the first instance: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting FOR en banc hearing in the first instance: Jones, Ho, Oldham, JJ.); First Amendment, en banc Order denying motion for the en banc Court to … More December 30-31, 2024, opinions
