Month: November 2023

November 29, 2023, opinions

November 30, 2023

Designated for publication per curiam (King, Smith, Elrod), qualified immunity, municipal liability, Americans with Disabilities Act Affirming qualified immunity dismissal of plaintiff’s excessive force claims against K9 officer arising from dog-bite injuries when officers responded to call that plaintiff was suicidal, and bystander liability claims against second officer; and 12(b)(6) dismissal of municipal liability claim … More November 29, 2023, opinions

November 28, 2023, opinions

November 29, 2023

Designated for publication per curiam (en banc Court), Voting Rights Act Granting en banc rehearing of November 10 panel opinion that affirmed the district court’s injunction against County’s redistricting plan that eliminated a majority-minority county commissioner district, but that had expressly requested an en banc poll on the basis of the panel’s disagreement with binding Circuit precedent … More November 28, 2023, opinions

November 27, 2023, opinions

November 28, 2023

Designated for publication Elrod, J. (Dennis, Elrod, Ho), Dennis, J., dissenting; mineral law Certifying to Louisiana Supreme Court question of whether Louisiana’s negotiorum gestio doctrine applies to Louisiana mineral law regarding the deduction of post-production costs from an unleased mineral-interest owner’s pro rata share of unit production. The same question was previously certified in Self … More November 27, 2023, opinions

November 22, 2023, opinions

November 27, 2023

Designated for publication Smith, J. (Higginbotham, Smith, Elrod), Higginbotham, J., dissenting; Clean Air Act, administrative law, Administrative Procedure Act, venue Vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard (“RFS”) program of the Clean Air Act (“CAA”), on basis that the denial was “(1) impermissibly retroactive; (2) contrary to law; and … More November 22, 2023, opinions

November 21, 2023, opinions

November 22, 2023

Unpublished per curiam (Jolly, Engelhardt, Douglas), criminal, search and seizure Affirming conviction of bank robbery and brandishing a firearm during a crime of violence, upholding denial of motion to suppress. per curiam (Wiener, Willett, Douglas), prisoner suit, municipal liability Affirming dismissal of pretrial detainee’s Monell claim arising from conditions during her pretrial detention. per curiam … More November 21, 2023, opinions

November 20, 2023, opinions

November 21, 2023

Designated for publication Higginson, J. (Smith, Higginson, Engelhardt), social security, jurisdiction Affirming the district court’s decision that it did not have jurisdiction over the plaintiff’s claims arising from withholding of benefits. The Court held that it could not have general federal question jurisdiction over claims arising from the Social Security Act, and that the limited … More November 20, 2023, opinions

November 17, 2023, opinions

November 20, 2023

Designated for publication Clement, J. (Clement, Haynes, Oldham), Haynes, J., dissenting; qualified immunity Reversing denial of qualified immunity for officer defendant arising from fatal shooting of suspect armed with a handgun equipped with a high-capacity ammunition extension, and rendering judgment dismissing excessive force claims brought by suspect’s survivors. The Court held, “We therefore conclude that, … More November 17, 2023, opinions

November 16, 2023, opinions

November 20, 2023

Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal tort Affirming dismissal of claims by plaintiffs who suffer from chronic Lyme disease against peer-reviewed medical journal arising from article published regarding new proposed treatment of Lyme disease; plaintiffs alleged that the article cast doubt on how to treat chronic Lyme disease and even whether the … More November 16, 2023, opinions

November 15, 2023, opinions

November 16, 2023

Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, sentencing Affirming convictions for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, as well as the 60-month sentence imposed on her resulting from these convictions and incorporating an upward variance based on the defendant’s knowledge of the danger … More November 15, 2023, opinions

November 14, 2023, opinions

November 15, 2023

Designated for publication Smith, J. (Smith, Southwick, Higginson), labor law Granting petition for review of NLRB order ruling that Tesla infringed on employees’ rights to unionize when it required employees to wear specific Tesla uniforms and prohibited employees from wearing union-insignia t-shirts instead (though the policy allowed employees to wear as many union stickers on … More November 14, 2023, opinions