Month: September 2024

September 25-27, 2024, opinions

September 30, 2024

Designated for publication per curiam (Higginbotham, Southwick, Higginson), taking, federal question jurisdiction On remand from the U.S. Supreme Court, remanding to district court with instructions to remand to state court the plaintiffs’ taking claims against Texas. Willett, J. (Willett, Wilson, Ramirez), Ramirez, J., concurring; First Amendment Reversing summary judgment in favor of the State of … More September 25-27, 2024, opinions

September 24, 2024, opinions

September 25, 2024

Designated for publication Willett, J. (Dennis, Willett, Duncan), Dennis, J., dissenting in part; criminal, Sixth Amendment, jury instruction Affirming conviction for possession with intent to distribute 500 grams or more of methamphetamine. The Court found no error in the district court’s acceptance of the defendant’s waiver of potential conflict of interest by his counsel, a … More September 24, 2024, opinions

September 23, 2024, opinions

September 24, 2024

Designated for publication Kernodle, J. (Southwick, Duncan, Kernodle, by designation), COVID-19, mootness, standing Reversing district court’s dismissal as moot of challenge to Air Force’s COVID-19 vaccine mandate after Air Force rescinded the mandate, and reversing dismissal for lack of standing of plaintiff who had been separated from service, and remanding for further proceedings. The Court … More September 23, 2024, opinions

September 20, 2024, opinions

September 23, 2024

Designated for publication Oldham, J. (Ho, Duncan, Oldham), diversity jurisdiction Remanding appeal from summary judgment and from judgment after bench trial, for jurisdictional discovery into the citizenship of LLC members where complaints only alleged where the LLCs were “doing business” and had their “principal place of business.” Southwick, J. (Dennis, Southwick, Ho), insurance Reversing summary … More September 20, 2024, opinions

September 18-19, 2024, opinions

September 22, 2024

Designated for publication Jones, J. (Jones, Smith, Ho), copyright, trademark infringement Affirming summary judgment in favor of defendant, a children’s art teaching company, and against plaintiff artist, holding that fair use doctrine protected defendant’s use of plaintiff’s art works; and holding that district court’s summary judgment on trademark infringement claim where motion for summary judgment … More September 18-19, 2024, opinions

September 17, 2024, opinions

September 18, 2024

Unpublished per curiam (King, Southwick, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Stewart, Higginson), insurance Affirming judgment in favor of defendant life insurer upholding denial of accidental death benefits. per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Stewart, Duncan), criminal … More September 17, 2024, opinions

September 16, 2024, opinions

September 17, 2024

Designated for publication per curiam (Elrod, Ho, Wilson), Ho, J., concurring; administrative law, abortion law, standing On remand from the Supreme Court, vacating the district court’s order staying FDA rules regarding mifepristone and remanding for further proceedings. Judge Ho concurred, opining that the Supreme Court had the liberty to depart from precedent that the Fifth … More September 16, 2024, opinions

September 13, 2024, opinions

September 16, 2024

Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Ho, Duncan, Engelhardt, Wilson, Ramirez); Haynes, J., concurring in part (joined by Stewart, Southwick); Willett, J., dissenting (joined by King, Elrod, Graves, Higginson, Douglas); § 1983 Affirming dismissal of plaintiff’s § 1983 claim for money damages and to challenge constitutionally “tainted” state-law conviction, on basis … More September 13, 2024, opinions

September 10-12, 2024, opinions

September 13, 2024

Designated for publication per curiam (Jones, Ho, Wilson), Ho, J., concurring; criminal, sentencing On remand from the U.S. Supreme Court, affirming defendant’s conviction of being in possession of a firearm while subject to a domestic violence restraining order; and affirming sentence of 73 months to run consecutively with any state court sentence on pending charges. … More September 10-12, 2024, opinions

September 9, 2024, opinions

September 10, 2024

Designated for publication Jones, J. (King, Jones, Oldham), criminal, sentencing Affirming district court’s determination that federal sentence for possession of a firearm by a felon would run consecutively with state-court sentence and that defendant would not get 43 months’ credit for time spent serving sentence on state conviction. per curiam (Haynes, Willett, Oldham), Haynes, J., … More September 9, 2024, opinions