Unpublished per curiam (Wiener, Elrod, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Jones, Oldham), breach of contract Dismissing appeal for lack of timely notice of appeal.
Unpublished per curiam (Smith, Barksdale, Haynes), breach of contract, sanctions Affirming summary judgment in favor of defendant in breach of contract dispute arising from agreements to transfer hotel properties; denying plaintiff’s motion for sanctions; granting defendants’ motion for Rule 38 sanctions for a frivolous appeal; and remanding for calculation of amount of sanctions award. per … More December 23, 2022, opinions
Designated for publication Graves, J. (Graves, Willett, Engelhardt), insurance Affirming declaratory judgment in favor of insurance company that it did not owe coverage or defense to its insured for damages incurred by insured’s employees. Southwick, J. (Higginbotham, Southwick, Higginson), excessive force, municipal liability Reversing 12(b)(6) dismissal of excessive force claims against officer who punched plaintiff … More December 21-22, 2022, opinions
Unpublished per curiam (Jones, Smith, Graves), intellectual property Affirming judgment in favor of Lisa Fodera declaring her the lawful owner of Julian Jackson’s 50% interest in the Ohio Players’ music rights. per curiam (Jones, Smith, Graves), immigration Denying in part and dismissing in part Cameroonian citizen’s petition for review of BIA order denying motion for … More December 20, 2022, opinions
Designated for publication Southwick, J. (Jones, Southwick, Ho), criminal, sufficiency of evidence, search and seizure Affirming in part, reversing in part, and remanding; affirming conviction of _________; reversing conviction of for insufficient evidence; and remanding for Government to elect between overlapping counts of ________. The Court found no reversible error in the district court’s denial … More December 19, 2022, opinions
Unpublished per curiam (Smith, Barksdale, Haynes), criminal, sentencing, Armed Career Criminal Act Affirming 180-month sentence on conviction of being a felon in possession of a firearm, applying ACCA enhancement based on four prior Texas convictions for aggravated robbery with a deadly weapon. per curiam (Smith, Barksdale, Haynes), criminal, restitution Affirming restitution award for losses stemming … More December 16, 2022, opinions
Designated for publication Ho, J. (Richman, Ho, Engelhardt), Richman, C.J., concurring; immigration Denying Salvadoran citizen’s petition for review of BIA order affirming IJ’s denial of motion to reopen proceedings for removal in absentia. The Court held that the IJ did not err in finding that the failure to provide the petitioner with a Notice to … More December 15, 2022, opinions
I’m so very pleased that Judge Dana M. Douglas was confirmed this week on a 65-31 vote to fill the seat being vacated by Judge James L. Dennis’s decision to take senior status. Judge Dennis held that seat for more than 27 years, and was a tireless, extraordinarily hard-working, and intellectually rigorous jurist, characteristics that … More Welcome, Judge Dana M. Douglas!
Designated for publication Jones, J. (Jones, Stewart, Duncan), foreign discovery Reversing 28 U.S.C. § 1782(a) order for foreign discovery, and remanding for further proceedings. The Court held that the district court “misconstrued our precedent and erroneously rebuffed respondents’ challenge” to a discovery order’s “validity pursuant to statutory requirements and the Supreme Court’s ‘Intel factors.’” (Citing … More December 13, 2022, opinions
Unpublished per curiam (Higginbotham, Graves, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Southwick, Engelhardt), jurisdiction, sanctions Affirming dismissal of suit for lack of federal question or diversity jurisdiction, but vacating sanction of pre-filing injunction as to future suits and remanding for considering less stringent sanctions or a sanction warning. … More December 12, 2022, opinions
