January 11-14, 2022, opinions

Designated for publication Williams v. Boeing Co., 18-31158, appeal from E.D. La. Southwick, J. (Southwick, Graves, Engelhardt), personal tort, multi-district litigation Reversing in part final judgment entered in mesothelioma case by district court in Louisiana after summary judgment by MDL court in Pennsylvania, and remanded for further proceedings. The Court held that the MDL district … More January 11-14, 2022, opinions

January 7, 2022, opinions

Designated for publication U.S. v. Fuentes-Rodriguez, 15-40740, appeal from S.D. Tex. per curiam (King, Costa, Willett), criminal, sentencing, Armed Career Criminal Act On remand from the U.S. Supreme Court, vacating district court’s sentencing of defendant on conviction of illegal reentry under the ACCA, where the district court had found that the defendant’s prior conviction of … More January 7, 2022, opinions

October 5, 2021 opinions

Designated for publication Lefebure v. D’Aquilla, 19-30702, c/w 19-30989, appeal from M.D. La. Ho, J. (Owen, Graves, Ho), Graves, J., dissenting; standing Treating petition for rehearing en banc as a petition for panel rehearing, and denying petition for panel rehearing, but withdrawing Feb. 9, 2021 opinion and substituting with new opinion with same result–reversing judgment … More October 5, 2021 opinions

September 10, 2021 opinions

Designated for publication Barilla v. City of Houston, 20-20535, appeal from S.D. Tex. Higginson, J. (Owen, Clement, Higginson), First Amendment, standing Reversing district court’s dismissal on grounds of lack of standing of First Amendment suit by plaintiff, an accordionist and would-be busker, challenging Houston ordinances that restrict busking. Plaintiff alleges “that but for the Busking … More September 10, 2021 opinions

August 25, 2021 opinions

Designated for publication Jennings v. Towers Watson, 19-11028, appeal from N.D. Tex. Higginson, J. (King, Higginson, Wilson), Title VII, employment discrimination, Americans with Disabilities Act Affirming summary judgment in favor of former-employer defendant on plaintiff’s claims for state-law civil conspiracy, hostile work environment under Title VII and the ADA, disability discrimination under the ADA, racial … More August 25, 2021 opinions

August 19, 2021 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. En banc (Owen, Jones, Smith, Stewart, Dennis, Elrod, Haynes, Graves, Higginson, Costa, Willett, Ho, Engelhardt, Wilson) (recused: Southwick, Duncan, Oldham) Elrod and Willett, JJ., plurality (joined by Jones, Smith, Ho, Engelhardt, Wilson in full; concurred in judgment only by Owen and Haynes); … More August 19, 2021 opinions

August 2, 2021 opinions

Designated for publication Kaswatuka v. U.S. Department of Homeland Security, 20-10632, appeal from N.D. Tex. Stewart, J. (Stewart, Costa, Willett), employment discrimination, Title VII, Americans with Disabilities Act Affirming 12(b)(6) dismissal of plaintiff’s employment discrimination claims against the TSA. The Court first held that the plaintiff had waived any arguments other than those directly related … More August 2, 2021 opinions

July 19, 2021 opinions

Designated for publication Ortiz v. American Airlines, Inc., 20-10817, appeal from N.D. Tex. Stewart, J. (Smith, Stewart, Ho), ERISA, standing, class action Affirming in part, reversing in part, and vacating in part district court’s summary judgment in favor of defendants dismissing plaintiffs’ ERISA claims for breach of fiduciary duty against employer and pension entities. American … More July 19, 2021 opinions

June 16, 2021 opinions

Designated for publication Retana v. Twitter, Inc., 19-11389, appeal from N.D. Tex. Wiener, J. (Wiener, Costa, Willett), Anti-Terrorism Act Affirming 12(b)(6) dismissal of claims against Twitter, Google, and Facebook under the Anti-Terrorism Act under a theory of liability for aiding and abetting terrorism as a social media platform on which a third party, Hamas, radicalized … More June 16, 2021 opinions

Take the Fifth: May 26, 2021 opinions

Designated for publication Cranor v. 5 Star Nutrition, LLC, No. 19-51173, appeal from W.D. Tex. Oldham, J. (Davis, Stewart, Oldham), standing, Telephone Consumer Protection Act Reversing dismissal of plaintiff’s TCPA claim on standing grounds, holding that a single unsolicited text message to the plaintiff’s cell phone was sufficient to confer standing under the TCPA. “We … More Take the Fifth: May 26, 2021 opinions