Tag: Title VII

August 20-25, 2025, opinions

August 26, 2025

Designated for publication Wiener, J. (Wiener, Douglas, Ramirez), FDIC, jurisdiction Remanding appeal from injunction against FDIC proceedings on constitutional basis, with instructions to dismiss for lack of jurisdiction. The FDIC initiated an enforcement action against Cornelius Burgess, former CEO of Herring Bank, after investigations dating back to 2010 revealed misconduct. The case first proceeded before … More August 20-25, 2025, opinions

August 13, 2025, opinions

August 14, 2025

Designated for publication Stewart, J. (Stewart, Richman, Higginson), Higginson, J., dissenting in part; First Amendment, mootness Affirming district court’s preliminary injunction allowing plaintiffs access to park for religious ceremonies but declining to enjoin planned tree removal and cormorant rookery management measures. This appeal arose after the Texas Supreme Court answered a certified question, holding that … More August 13, 2025, opinions

August 11, 2025, opinions

August 12, 2025

Designated for publication per curiam (Dennis, Haynes, Engelhardt), Engelhardt, J., dissenting; Title VII Affirming summary judgment dismissal of plaintiff’s Title VII claim of religious discrimination after defendant granted plaintiff employee a religious accommodation for flu vaccination requirement. Tisha Palms, a radiographer at Texas Children’s Hospital (TCH), sued the hospital for failure to accommodate her religious … More August 11, 2025, opinions

August 5, 2025, opinions

August 7, 2025

Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), employment discrimination, COVID-19 Reversing summary judgment in favor of the employer on the plaintiff former employee’s Title VII religious discrimination claim arising from his termination after refusing to get the COVID-19 vaccination and the employer failing to grant him a religious exemption, and remanding for further proceedings. … More August 5, 2025, opinions

August 4, 2025, opinions

August 7, 2025

Designated for publication Ho, J. (Higginbotham, Willett, Ho), election law Reversing district court judgment that Texas election law requiring an ID number on the mail-in ballot application and on the mail-in ballot violated federal law, and rendering judgment for Texas official defendants. The Fifth Circuit upheld Texas’s Election Protection and Integrity Act of 2021, which … More August 4, 2025, opinions

July 23, 2025, opinions

July 24, 2025

Designated for publication Richman, J. (Richman, Willett, Douglas), Douglas, J., dissenting in part; criminal, due process, immigration Affirming conviction of illegal reentry. Ismael Adan Ortiz-Rodriguez was removed from the United States in 2017 following expedited removal proceedings initiated by DHS. In 2023, he was convicted of illegal reentry under 8 U.S.C. § 1326(a). Before trial, … More July 23, 2025, opinions

June 24, 2025, opinions

June 25, 2025

Designated for publication Douglas, J. (Richman, Willett, Douglas), arbitration, Fair Labor Standards Act Affirming district court’s denial of motion compel arbitration on finding that defendant to plaintiff’s FLSA minimum-wage claim had waived its right to arbitrate. Dayana Garcia, a former server at Gloria’s restaurant chain, filed a Fair Labor Standards Act (FLSA) lawsuit alleging failure … More June 24, 2025, opinions

June 4, 2025, opinions

June 6, 2025

Designated for publication Haynes, J. (Stewart, Dennis, Haynes), criminal, Second Amendment Affirming conviction for possession of a firearm by a felon. In 2019, Texas authorities arrested Betancourt after he allegedly brandished a firearm during a domestic dispute and was later found with multiple firearms, ammunition, and body armor in his home. A federal grand jury … More June 4, 2025, opinions

May 20, 2025, opinions

May 21, 2025

Designated for publication per curiam (Ho, Wilson, Ramirez), Ho, J., concurring; appellate jurisdiction On remand from the U.S. Supreme Court with an order for the Fifth Circuit to hear the appeal expeditiously, ordering the case to be set on the next available oral argument panel. Judge Ho concurred, noting that the Court had to comply … More May 20, 2025, opinions

May 16-18, 2025, opinions

May 19, 2025

Designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), personal tort, Federal Tort Claims Act Affirming judgment in favor of plaintiff in personal injury and death arising from an auto collision with a U.S. Postal Service vehicle that then caused the plaintiff to go forward and collide with his neighbor’s house. The Court analyzed a case … More May 16-18, 2025, opinions