This according to a report in The Quorum Report (paid subscription required). I’ll link to the opinion just as soon as I find it (or if someone e-mails it to me, I’ll post it). More once I’ve seen the opinion. UPDATE: I have received the opinion, but it is too large to post on the blog. It is 58 pages. Judge Higgenbotham wrote the majority opinion; Judge Ward “specially concurring.” UPDATE II: You can find the opinion here.