Month: September 2023

September 12, 2023, opinions

September 13, 2023

Designated for publication Jones, J. (Jones, Clement, Haynes), Haynes, J., dissenting in part; diversity jurisdiction, sanctions Affirming dismissal of third-party claims as sanction for party’s deliberate “hiding of the ball” on L.L.C. citizenship/jurisdictional facts. The Court held that the district court’s power to issue a case-dispositive sanction fell within its collateral jurisdiction. The Court summed … More September 12, 2023, opinions

September 8-11, 2023, opinions

September 12, 2023

Designated for publication Higginson, J. (Smith, Southwick, Higginson), criminal, supervised release Affirming imposition of 15 “standard conditions” for terms of supervised release from district court’s Standing Order, where oral pronouncement included that the supervised release would be “subject to the standard conditions” but did not otherwise expressly articulate those conditions. Elrod, J. (Dennis, Elrod, Ho), … More September 8-11, 2023, opinions

September 7, 2023, opinions

September 8, 2023

Designated for publication Higginson, J. (Richman, King, Higginson), § 1983, municipal liability, qualified immunity Affirming dismissal of plaintiff’s municipal liability claim against city, but reversing in part the qualified immunity dismissal of claim against police chief, arising from plaintiff’s § 1983 claims for false arrest, malicious prosecution, and First Amendment retaliation regarding his termination from … More September 7, 2023, opinions

September 6, 2023, opinions

September 7, 2023

Designated for publication Graves, J. (Richman, Haynes, Graves), trademark infringement Affirming in part, reversing in part judgment as a matter of law in favor of defendant on plaintiff’s trademark-infringement claims, and remanding for further proceedings. The Court held that a reasonable jury could find that the defendant infringed on the plaintiff’s marks before they were … More September 6, 2023, opinions

September 1-5, 2023, opinions

September 6, 2023

Designated for publication Wilson, J. (Duncan, Wilson, Schroeder, by designation), criminal, sentencing Affirming 480-month sentence on conviction of conspiring to possess a controlled substance with the intent to distribute it and distributing a detectable amount of a substance containing cocaine base. Higginbotham, J. (Higginbotham, Southwick, Willett), qualified immunity Affirming denial of qualified immunity on Louisiana … More September 1-5, 2023, opinions

August 30-31, 2023, opinions

September 5, 2023

Designated for publication per curiam (Richman, Higginbotham, Southwick), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on IAC claims of petitioner convicted of capital murder and sentenced to death. per curiam (en banc court), criminal, sufficiency of evidence Ordering en banc rehearing of June 7, 2023, panel opinion that reversed and vacated … More August 30-31, 2023, opinions