Tag: sovereign immunity

Take the Fifth: Nov. 2-6, 2020 opinions

November 9, 2020

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 28, 2020 opinions

October 29, 2020

Designated for publication Mi Familia Vota v. Abbott, 20-50907, appeal from W.D. Tex. per curiam (Owen, Davis, Southwick), election law, Covid-19, mask mandate On October 27, 2020, on a remand from the Fifth Circuit, the district court issued a preliminary injunction of one provision of Governor Abbott’s declaration regarding COVID-19-related election procedures in Texas–specifically, a … More Take the Fifth: Oct. 28, 2020 opinions

Take the Fifth: Oct. 19, 2020 opinions

October 20, 2020

Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), Higginbotham, J., concurring; election law, sovereign immunity Staying, pending appeal, the district court’s injunction of Texas’s procedures regarding mail-in ballot signature verification and voter-notification procedures. Texas’s absentee mail-in balloting procedures–a system that, as confirmed by 5th Circuit’s October 14th … More Take the Fifth: Oct. 19, 2020 opinions

Take the Fifth: Oct. 14, 2020 opinions

October 15, 2020

To create a little efficiency for the writers of this blog, Take the Fifth will take a different tack beginning today. We will continue to include full summaries of those opinions designated for publication, but for unpublished opinions will only continue to provide links to the opinions and basic statistical information regarding basic outcome, district … More Take the Fifth: Oct. 14, 2020 opinions

Take the Fifth: Oct. 5, 2020 opinions

October 5, 2020

Empower Texans, Inc. v. Geren, 19-50557, appeal from W.D. Tex., designated for publication Southwick, J. (Elrod, Southwick, Haynes), mootness Vacating District Court’s dismissal of suit on grounds of legislative immunity, holding the suit to be moot, and remanding with instructions to dismiss as moot. Plaintiffs had filed suit against the Chairman of the Committee on … More Take the Fifth: Oct. 5, 2020 opinions