June 17-18, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Lewis v. Crochet, 23-30386, appeal from M.D. La.
    • Stewart, J. (Stewart, Duncan, Engelhardt), attorney-client privilege
    • Reversing order compelling depositions and production related to law firm reports prepared for public university arising from alleged incidents of sexual harassment, sexual assault, and racial discrimination, and remanding for further proceedings.
    • Court held that it had jurisdiction over the appeal of the court’s discovery order under the collateral order doctrine.
    • The Court held that the crime-fraud exception was not applicable, and that the records in question were not public records at the time that the decision was made to keep all copies at the law firm offices.
  • City of Baton Rouge v. Centroplex Centre Convention Hotel, L.L.C., 23-30690, c/w 23-30696, appeal from M.D. La.
    • per curiam (Clement, Engelhardt, Wilson), abstention
    • Affirming remand to state court under the tax abstention doctrine, on City’s claims against hotel/casino operators for failure to pay local hotel taxes on free room nights given by operators to incentivize return-gambling patrons.
    • The Court held, “All five TAD factors counsel in favor of abstention here: (1) Louisiana enjoys wide regulatory latitude over its taxation structure; (2) the Owners’ express invocation of their due process rights under the Louisiana Constitution does not invoke heightened federal court scrutiny; (3) the Owners may seek an improved competitive position in the federal court system; (4) Louisiana courts are more familiar with Louisiana’s tax regime and the legislature’s intent in crafting it; and (5) the Tax Injunction Act constrains the remedies available in federal court.”
  • Strickland v. Wilkie, 23-60191, appeal from S.D. Miss.
    • Southwick, J. (Clement, Southwick, Ho); Ho, J., would affirm; employment discrimination
    • Vacating decisions by the Merit Systems Protection Board and the district court upholding suspension of VA employee, reversing district court’s dismissal in part, and remanding for further proceedings.
  • In re Chamber of Commerce, 24-10463, appeal from N.D. Tex.
    • Willett, J. (Haynes, Willett, Duncan); Haynes, J., concurring in judgment; mandamus, venue
    • Granting petition for mandamus and directing district court to vacate its order transferring venue to District Court for the District of Columbia of Chamber of Commerce’s challenge to CFPB rule regarding credit card late fees.

Unpublished

  • Aircraft Holding Solutions, L.L.C. v. Learjet, Inc., 23-10388, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Higginson), breach of contract, unfair trade practices
    • Affirming judgment after bench trial in favor of defendant on claims arising from damage to aircraft while being stored in plaintiff’s hangar.
  • U.S. v. Sanchez, 23-11016, appeal from N.D. Tex.
    • per curiam (Higginbotham, Elrod, Southwick), criminal, sentencing
    • Affirming conviction and sentence for possession of a firearm by a felon.
  • Williams v. Estelle Unit Prison Officials, 23-20036, appeal from S.D. Tex.
    • Higginson, J. (Wiener, Haynes, Higginson), prisoner suit
    • Affirming in part and vacating in part dismissal of Texas state prisoner’s § 1983 claims for failure to exhaust administrative remedies, and remanding for further proceedings.
  • Morales v. New Orleans, 23-30340, appeal from E.D. La.
    • per curiam (Higginbotham, Smith, Higginson); Smith, J., dissenting in part; employment discrimination
    • Affirming summary judgment dismissal of plaintiff’s retaliation, due process, unfair trade practice, and intentional infliction of emotional distress claims, but vacating summary judgment dismissal of disparate-treatment claim, and remanding for further proceedings.
    • Judge Smith dissented, as he would also have affirmed the dismissal of the disparate treatment claim.
  • U.S. v. Johnson, 23-30743, appeal from W.D. La.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Affirming sentence for conviction of attempted production of child pornography.
  • U.S. v. Hamilton, 23-30748, appeal from M.D. La.
    • per curiam (Barksdale, Southwick, Graves), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • U.S. v. Borden, 23-40484, appeal from S.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal, search and seizure
    • Affirming conviction of possession of a firearm by a felon, upholding denial of motion to suppress.
  • Taylor v. Crone, 23-40627, appeal from E.D. Tex.
    • per curiam (Clement, Engelhardt, Ramirez), § 1983
    • Affirming dismissal.
  • Lin v. Garland, 23-60319, petition for review of BIA order
    • per curiam (Barksdale, Southwick, Graves), immigration
    • Denying Chinese citizen’s petition for review of BIA order upholding the immigration judge’s (IJ) denial of asylum, withholding of removal, and protection under the Convention Against Torture.
  • Mitchell v. Sorenson Communication, 24-10052, appeal from N.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), employment discrimination
    • Affirming dismissal of plaintiff’s discrimination claims.
  • U.S. v. Cruz-Perez, 24-30065, appeal from W.D. La.
    • per curiam (Willett, Duncan, Ramirez), criminal, compassionate release
    • Affirming denial of motion for compassionate release.