Judge Edith Brown Clement on Texas Appeals Journalhttps://texasappeals.org/topics/judge-edith-brown-clement/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 20 Oct 2025 07:00:00 -0500Fifth Circuit, on Rehearing, Holds Belief-Based Title VII Claims Are Distinct From Practice-Based Claimshttps://texasappeals.org/2025/10/carter-v-southwest-airlines-rehearing/Mon, 20 Oct 2025 07:00:00 -0500https://texasappeals.org/2025/10/carter-v-southwest-airlines-rehearing/In a substituted opinion, the court held that Title VII’s undue-hardship defense applies only to claims based on religious observance or practice, reversed the judgment against Southwest Airlines on Charlene Carter’s belief-based claim, affirmed the judgment on her practice-based claims and against the union, and vacated the permanent injunction and contempt sanction.Fifth Circuit Reverses Contempt Fines in Texas Foster Care Case and Orders Reassignment to Another District Judgehttps://texasappeals.org/2024/11/md-v-abbott-foster-care-contempt-reassignment/Mon, 04 Nov 2024 07:00:00 -0600https://texasappeals.org/2024/11/md-v-abbott-foster-care-contempt-reassignment/A Fifth Circuit panel held that $100,000-per-day contempt fines against a Texas Health and Human Services Commission official were a criminal sanction imposed without the required protections and barred by state sovereign immunity, and that the state had substantially complied with the orders at issue. The court also directed that the foster care class action be reassigned to a different district judge.