Designated for publication Kernodle, J. (Southwick, Duncan, Kernodle, by designation), COVID-19, mootness, standing Reversing district court’s dismissal as moot of challenge to Air Force’s COVID-19 vaccine mandate after Air Force rescinded the mandate, and reversing dismissal for lack of standing of plaintiff who had been separated from service, and remanding for further proceedings. The Court … More September 23, 2024, opinions
Designated for publication Oldham, J. (Ho, Duncan, Oldham), diversity jurisdiction Remanding appeal from summary judgment and from judgment after bench trial, for jurisdictional discovery into the citizenship of LLC members where complaints only alleged where the LLCs were “doing business” and had their “principal place of business.” Southwick, J. (Dennis, Southwick, Ho), insurance Reversing summary … More September 20, 2024, opinions
Designated for publication per curiam (Elrod, Ho, Wilson), Ho, J., concurring; administrative law, abortion law, standing On remand from the Supreme Court, vacating the district court’s order staying FDA rules regarding mifepristone and remanding for further proceedings. Judge Ho concurred, opining that the Supreme Court had the liberty to depart from precedent that the Fifth … More September 16, 2024, opinions
Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions
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
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
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
Designated for publication Engelhardt, J. (King, Ho, Engelhardt), Ho, J., dissenting in part; First Amendment, antitrust, standing, mootness, amendment In First Amendment and antitrust claims by physicians’ professional association against governing boards and against the Secretary of the Department of Homeland Security arising from labeling as misinformation or disinformation of some physicians’ views on Covid … More June 3, 2024, opinions
Unpublished per curiam (Smith, Higginson, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Ho, Ramirez), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Elrod, Oldham, Wilson), criminal, supervised release Affirming supervised release term that, if the defendant’s probation officer determines that the defendant poses a risk to … More May 10, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions
