Playing catch-up from traveling and holidays, so the “designated for publication” summaries will be briefer than usual, but feel free, as always, to click through to the opinions that may interest you. Designated for publication Smith, J. (Smith, Barksdale, Haynes), criminal Vacating conviction for failure to register as a sex offender on basis that guilty … More November 16-23, 2022, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Title IX Affirming summary judgment dismissal of deliberate indifference claims against school district as to risk of 14-year-old plaintiff’s violent sexual assault in high school stairwell (requiring multiple surgeries to remedy), but reversing summary judgment dismissal of claims of deliberate indifference to totality of harassment, which included … More November 14, 2022, opinions
Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Ho, Engelhardt, Oldham, Wilson); Ho, J., concurring in denial of rehearing; Jones, J., dissenting from denial of rehearing (joined by Smith, Duncan, JJ.); absolute immunity Denying rehearing en banc on a 7-9 vote, Judges Richman, Jones, Smith, Southwick, … More October 26-28, opinions
Designated for publication Smith, J. (Smith, Duncan, Oldham), Oldham, J., dissenting; immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order that IJ lacked jurisdiction to decide application for cancelation of a reinstatement of removal under the Violence Against Women Act. The Court held that, under the rule of orderliness, … More September 30, 2022, opinions
Designated for publication Smith, J. (Jolly, Smith, Engelhardt), Jolly, J., dissenting in part; First Amendment Reversing summary judgment in favor of plaintiffs challenging Texas Justice of the Peace Wayne Mack’s opening of court with a ceremony that includes a prayer, and rendering judgment in favor of Mack. The Court held this was “a zero-pence case,” … More September 29, 2022, opinions
(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Costa, J. (Davis, Costa, Oldham), Oldham, J., dissenting; Clean Air Act, standing Affirming Clean Air Act penalties, as well as standing of plaintiffs … More August 26-31, 2022, opinions
(While I was on vacation/college-touring around the Northeast, then dealing with the Covid gathered from somewhere in the Northeast, I tracked 5th Circuit opinions for purposes of the gathering of opinion statistics from July 20 through August 12, but those opinions are not summarized here. So, picking back up with August 15 …) Designated for … More August 15, 2022, opinions
Designated for publication Gulfport Energy Corp. v. Federal Energy Regulatory Commission, 21-60017, c/w 21-60200 (petition for review of FERC orders) Smith, J. (Davis, Smith, Engelhardt), bankruptcy, standing, administrative law Granting petition for review of FERC orders, and vacating the orders, which sought to bind the petitioner to continue performing its gas transit contracts even if … More July 19, 2022, opinions
Designated for publication Securities and Exchange Commission v. Novinger, 21-10985, appeal from N.D. Tex. Stewart, J. (Jones, Stewart, Duncan); Jones, J., concurring (joined by Duncan, J.); Rule 60(b); First Amendment Affirming denial of Rule 60(b) motion filed five years after consent judgment, where defendant challenged the “no-deny” provision of its settlement of an SEC civil … More July 12, 2022, opinions
Designated for publication Guijarro v. Enterprise Holdings, Inc., 21-40512, appeal from S.D. Tex. Costa, J. (Richman, Costa, Ho), personal tort Affirming denial of remand to state court, and dismissal of claims against car rental company arising from car accident involving Jeep rented to plaintiffs by defendant. As to removal jurisdiction, the Court held first that … More July 1-5, 2022, opinions
