Designated for publication
- Breaux v. Worrell, 24-30097, appeal from W.D. La.
- Higginbotham, J. (Higginbotham, Willett, Ho), Ho, J., concurring; personal tort, statutory immunity
- Certifying to Louisiana Supreme Court two questions for resolution of statutory immunity question in claim arising from automobile collision between employee of North Carolina city performing emergency response work in Louisiana and a Louisiana citizen:
- “(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. R.S. 29.735?”
- “(2) Is an individual providing emergency assistance in Louisiana ‘engaging in . . . emergency preparedness and recovery activities” under La. R.S. 29.735 while commuting from the recovery site to his lodging?”
- Judge Ho concurred: “I must confess that I have trouble imagining how a municipal employee and resident of one state could plausibly be considered a ‘representative’ of another state. … That having been said, my distinguished colleagues would prefer to have these issues resolved by the Supreme Court of Louisiana, considering that these are issues of Louisiana state law. That is an entirely reasonable course of action.”
Unpublished decisions
- Butler v. Collins, 23-10072, appeal from N.D. Tex.
- per curiam (Southwick, Engelhardt, Wilson), employment discrimination personal torts
- In claims arising from denial of tenure to plaintiff, reversing 12(b)(6) dismissal of state-law tort claims against individual defendants as being preempted by Texas Commission on Human Rights Act; affirming summary judgment dismissal of claims against university; and remanding for further proceedings.
- U.S. v. Wasson, 24-20243, appeal from S.D. Tex.
- per curiam (Barksdale, Stewart, Ramirez), criminal, Miranda rights
- Affirming conviction of sexual exploitation of a child and possession of child pornography, upholding denial of motion to suppress statements as having been obtained in violation of Miranda.
- U.S. v. Lux-Lopez, 24-20527, appeal from S.D. Tex.
- per curiam (Richman, Douglas, Ramirez), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Boone v. Progressive Insurance Co., 25-30012, appeal from W.D. La.
- per curiam (Davis, Stewart, Southwick), insurance, subject matter jurisdiction
- Affirming dismissal of claim against insurance company for lack of diversity jurisiction.
- U.S. v. Morales, 23-40623, appeal from S.D. Tex.
- per curiam (Elrod, Engelhardt, Guidry, by designation), Engelhardt, concurring; criminal, guilty plea, plain error
- Affirming guilty plea conviction of firearm offense and 90-month sentence.
- Judge Engelhardt concurred in order to emphasize additional elements of the plain error analysis.
- U.S. v. Arredondo, 24-50491, appeal from W.D. Tex.
- per curiam (Higginbotham, Jones, Oldham), criminal, sentencing
- Affirming conviction and 87-month sentence for possession of a firearm by a felon.
- Garcia v. Bondi, 24-60556, petition for review of BIA order
- per curiam (King, Southwick, Enhelhardt), immigration
- Denying Honduran citizen’s petition for review of BIA order dismissing her appeal and affirming an order of the immigration judge denying her application for asylum, withholding of removal, and protection under the Convention Against Torture.
- Jordan v. Mississippi State Executioner, 25-70013, appeal from S.D. Miss.
- per curiam (Stewart, Willett, Oldham), Eighth Amendment, death penalty
- Affirming denial of preliminary injunction to halt execution under Mississippi’s lethal injection protocol as violative of the Eighth Amendment.
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