Tag: sovereign immunity

October 11, 2024, opinions

October 14, 2024

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

July 18, 2024, opinions

July 19, 2024

Designated for publication Jones, J. (joined by Richman, C.J., and Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., with Haynes and Ramirez, JJ., concurring in judgment only); Dennis, J., dissenting (joined by King, Stewart, Graves, Higginson, Douglas, JJ.); voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity On en banc rehearing of Aug. 4, … More July 18, 2024, opinions

July 1-17, 2024, opinions

July 19, 2024

Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions

June 20-21, 2024, opinions

June 22, 2024

Designated for publication Southwick, J. (Richman, Southwick, Oldham), election law, sovereign immunity Reversing district court’s denial of District Attorney’s motion to dismiss constitutional claims of voters and others challenging recent amendments to Texas election laws, holding that District Attorney is entitled to sovereign immunity; vacating denial of motion to dismiss for lack of standing; and … More June 20-21, 2024, opinions

April 16-22, 2024, opinions

April 23, 2024

Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions

April 4, 2024, opinions

April 5, 2024

Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), Dennis, J., dissenting; bankruptcy Vacating bankruptcy court’s award of $239,655 in compensatory damages on civil contempt award, and remanding for further proceedings. The Court held that the bankruptcy court’s limited contempt power–limited to civil contempt–meant that it may only shift fees that are compensatory for actual expenses … More April 4, 2024, opinions

March 20, 2024, opinions

March 21, 2024

Designated for publication Southwick, J. (Stewart, Dennis, Southwick), receivership Granting petition for panel rehearing of original panel decision that affirmed the district court’s denial of motions for $79 million set-off from order allowing receiver to recover from an investor in Stanford Ponzi scheme, where panel had affirmed on basis that investor had failed to timely … More March 20, 2024, opinions

March 4, 2024, opinions

March 5, 2024

Designated for publication per curiam (Jones, Dennis, Douglas), immigration Denying Honduran citizen’s petition for review of BIA order denying motion to reopen removal proceedings for adjustment of status based on marriage to U.S. citizen. The Court held that the petitioner was never previously validly admitted to the U.S. as a nonimmigrant because, while he had … More March 4, 2024, opinions

February 14-16, 2024, opinions

February 19, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions

February 5-7, 2024, opinions

February 8, 2024

Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions