Designated for publication King, J. (King, Ho, Ramirez), Ho, J., concurring; qualified immunity Affirming denial of qualified immunity to officer defendant on claims of Fourth and Fourteenth Amendment violations from the taking of a child from her home during a child welfare investigation. The Fifth Circuit affirmed the district court’s denial of qualified immunity to … More June 27, 2025, opinions
Designated for publication Granting en banc rehearing of unpublished February 26, 2025, panel opinion (Barksdale, Southwick, Graves, per curiam) reversing denial of summary judgment dismissal of plaintiff’s implied-false-certification claim and remanding for dismissal of case. Higginson, J. (Davis, Higginson, Douglas), search and seizure, administrative law, standing Vacating summary judgment in favor of airplane part manufacturer … More June 26, 2025, opinions
Designated for publication Higginbotham, J. (Higginbotham, Willett, Ho), Ho, J., concurring; personal tort, statutory immunity “(1) Is an employee of a city of another state—working under an agreement for emergency assistance between that city and a Louisiana municipality—a ‘representative’ of the State of Louisiana or one of its political subdivisions within the meaning of La. … More June 25, 2025, opinions
Designated for publication Douglas, J. (Richman, Willett, Douglas), arbitration, Fair Labor Standards Act Affirming district court’s denial of motion compel arbitration on finding that defendant to plaintiff’s FLSA minimum-wage claim had waived its right to arbitrate. Dayana Garcia, a former server at Gloria’s restaurant chain, filed a Fair Labor Standards Act (FLSA) lawsuit alleging failure … More June 24, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Higginbotham, Southwick), prisoner suit Affirming partial summary judgment that inmate’s sec. 1983 claim was Heck-barred, and affirming denial of motion for leave to amend. Torriana Clark, an inmate at Rayburn Correctional Center in Louisiana, filed a § 1983 lawsuit alleging that Lt. Lance Wallace used excessive force against him … More June 23, 2025, opinions
Designated for publication Ramirez, J. (Dennis, Haynes, Ramirez), Dennis, J., concurring; First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in all public school classrooms. In June 2024, Louisiana enacted H.B. 71, mandating the display … More June 20-21, 2025, opinions
Designated for publication Stewart, J. (Stewart, Clement, Willett), criminal, sufficiency of evidence, restitution Affirming conviction of operator of compound pharmacy for receiving illegal kickbacks as part of a conspiracy to induce physicians to prescribe highly lucrative prescriptions, and affirming restitution award. Xpress Compounding was a pharmacy focused on maximizing profits through pain cream prescriptions billed … More June 5, 2025, opinions
Designated for publication Haynes, J. (Stewart, Dennis, Haynes), criminal, Second Amendment Affirming conviction for possession of a firearm by a felon. In 2019, Texas authorities arrested Betancourt after he allegedly brandished a firearm during a domestic dispute and was later found with multiple firearms, ammunition, and body armor in his home. A federal grand jury … More June 4, 2025, opinions
Designated for publication per curiam (Jones, Oldham, Hendrix, by designation), Sarbanes-Oxley Act, employment law, timeliness, Rule 59(e) Reversing dismissal of employee’s Sarbanes-Oxley anti-retaliation claim against employer, but affirming dismissal of claim against employer’s parent company, and remanding for further poceedings. The case involves a Sarbanes-Oxley Act (SOX) whistleblower retaliation claim brought by Vuoncino, a corporate … More June 3, 2025, opinions
Designated for publication Willett, J. (Richman, Willett, Douglas), Douglas, J., dissenting; international child custody Reversing denial of petition to return child under the Hague Convention to father in Venezuela, and remanding with instructions to enter order to return child to Venezuela. After their separation in 2019, Jose Brito retained custody rights over his daughter A.F., … More June 2, 2025, opinions
