The following are summaries of selected civil opinions issued by the Fifth Circuit in April 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. PROPERTY DAMAGE: Reasonable juror could conclude that impounded groundwater that escaped and flowed over river onto plaintiff’s property remained “surface water” under Texas statute, and that defendant’s negligence proximately

The following are summaries of selected criminal opinions issued by the Third Court of Appeals in October 2023.  The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of April 1, 2024. BURDEN OF PROOF – DUE DILIGENCE: Trial court did not abuse its discretion by prohibiting defense counsel from

The following are summaries of selected civil opinions issued by the Third Court of Appeals in March 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of April 9, 2024. GOVERNMENTAL IMMUNITY:  Court holds agency is immune from takings claim. Texas State Library & Archives Comm’n v. Westmoreland,

The following are summaries of selected opinions issued by the Texas Supreme Court  in March 2024. These summaries are prepared by court staff as a courtesy and are not a substitute for the actual opinions. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. GOVERNMENTAL IMMUNITY: Governmental entity contract deemed properly executed until entity

The following are summaries of selected civil opinions issued by the Fifth Circuit in March 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. CLASS ACTIONS: Class Action Fairness Act’s local controversy exception to federal jurisdiction requires that all plaintiffs sustain their principal injuries in theforum state and nowhere else. Cheapside Mins., Ltd.

The following are summaries of selected criminal opinions issued by the Third Court of Appeals from August 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of March 1, 2024. DEFENSIVE INSTRUCTIONS – CONSENT: Trial court did not err in failing to include additional factual detail in defensive instructions.  Poncio v. State, No. 03-22-00292-CR

The following are summaries of selected civil opinions issued by the Third Court of Appeals during February 2024. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of March 11, 2024. ATTORNEY’S FEES: Court reverses order denying attorney’s fees.  Abira Med. Laboratories, LLV v. OMH-Healthedge Holdings, Inc., No. 03-22-00176-CV (Tex. App.—Austin Feb. 13, 2024, no

The following are summaries of opinions issued by the Fifth Circuit in February 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. STATUTE OF LIMITATIONS: Contractual limitations provision barred federal employment discrimination claim. Harris v. FedEx Corp. Servs., Inc., 92 F.4th 286 (5th Cir. 2024). FedEx hired Harris as an account executive in

The following are summaries  of selected criminal opinions issued by the Third Court of Appeals from August 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. The subsequent history is current as of Feb. 1, 2024. DEFENSIVE ISSUES—MISTAKE OF FACT: In prosecution for failure to stop and render aid, defendant was entitled to

The following are summaries of selected civil opinions issued by the Third Court of Appeals during January 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of Feb. 7, 2024.  ORIGINAL PROCEEDING: Court grants relief where trial court denied discovery of plaintiff’s medical history.  In re Westside Roofing,