Rhesa Hawkins Barksdale
How Judge Barksdale rules, drawn from 45 signed orders. Every observation links to the order it came from.
How Judge Barksdale decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Client identities did not fall within the narrow attorney-client privilege exception where disclosure did not effectively reveal an inextricably connected confidential communication.
“Consequently, the Firm’s clients’ identities are not ‘connected inextricably with a privileged communication’, and, therefore, the ‘narrow exception’ to the general rule that client identities are not protected by the attorney-client privilege is inapplicable.”
A Texas employment-discrimination filing deadline was a mandatory exhaustion requirement but not a limit on subject-matter jurisdiction.
“Accordingly, we hold that Texas Labor Code § 21.202’s 180-day filing requirement is mandatory but not jurisdictional.”
Review of a Texas arbitration award is extraordinarily narrow: even legal or factual error is insufficient, and a court may not substitute its own judgment for the arbitrators’.
“Under Texas law, review of an arbitration award is so limited that an award may not be vacated even if there is a mistake of fact or law.”
Apparently conflicting provisions addressing uninsured-motorist coverage must be harmonized when each can retain operative effect in plausible circumstances.
“There are scenarios in which §§ 83-11-101(1) (policy requirement) and 83-11-103(c)(vi) (uninsured-motor-vehicle definition) can be construed in harmony.”
A trust’s promise of reimbursement does not authorize payment to a trustee who never paid the claimed expenses and therefore has nothing to be paid back.
“Because Sorenson is not out any money, and never will be, there is nothing ‘to pay [him] back or compensate [him] for’, even if he did incur expenses at some point.”
Procedural preferences
An issue raised only by an amicus was not considered when the appellant had not preserved it.
“For obvious reasons, new issues, generally, cannot be raised in an amicus brief.”
A limited remand for suppression findings was confined to the evidence already presented at the suppression hearing.
“Instead, the findings and conclusions are to be based on the record developed at the suppression hearing.”
A person who neither acted in privity with nor was adequately represented by an enjoined agency could not be bound by that injunction or held in contempt under Rule 65(d).
“We conclude that Texas federal court did not have the authority under Rule 65(d) of the Federal Rules of Civil Procedure to hold Alvarez and her attorneys in contempt, because Alvarez and her attorneys did not act in privity with, and she was not adequately represented by, the DOL in the injunction case”
Cautions
For deliberate-indifference liability, allegations that officers should have recognized a medical risk did not substitute for plausible allegations of actual knowledge.
“Plaintiff, at most, alleged that Officers should have known Carmona was at-risk for internal bleeding. But, as discussed supra, actual knowledge is required for liability to attach.”
A sparse explanation may still sustain a within-guidelines release determination under deferential review when the record shows the decisionmaker considered and rejected the requested variance.
“although a more complete memorandum or determination should have been prepared, a within-Guidelines sentence ‘require[s] little explanation’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“those parts of the judgment upholding the hourly-rate-fee award and vacating the five-percent, post-judgment-interest rate are AFFIRMED; the vacatur of the contingency-fee award and the above-described related awards is REVERSED and judgment is RENDERED for Campbell Harrison & Dagley, L.L.P., and Calloway, Norris, Burdette & Weber, P.L.L.C., resulting in those awards being reinstated; and this matter is REMANDED”
“Our court has jurisdiction; the petition for review is DENIED.”
“The Federal Deposit Insurance Corporation contests the summary judgment awarded Appellees. We VACATE and REMAND.”
“Appellants challenge the district court's, on cross-motions for summary judgment, denying Appellants' motion and granting Appellees'. AFFIRMED.”
“That part of the judgment in favor of McGlothin is VACATED, and judgment is RENDERED for State Farm.”
“IIRIRA is not impermissibly retroactive as applied to Terrazas. In addition, his claim his entry was lawful because he was allegedly waved through by officials at a border checkpoint is foreclosed by our precedent. DENIED.”
“Ali Ekhlassi challenges the summary judgment awarded National Lloyds Insurance Company pursuant to the National Flood Insurance Act... AFFIRMED.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a federal trial caseload; not enumerated. Barksdale had no prior judicial service before his 1990 appointment (private practice and a SCOTUS clerkship only).
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