Designated for publication Douglas, J. (King, Willett, Douglas), trademark infringement Vacating district court’s amended judgment on remand, and reinstating district court’s prior judgment of injunctive relief as modified by the Court’s prior opinion on March 21, 2024, and by the parties’ stipulated additional language. Richman, J. (Jones, Richman, Ho; not joined by Judge Ho, who … More November 20, 2024, opinions
Designated for publication Jones, J. (Jones, Willett, Engelhardt), standing, Equal Protection Vacating district court order compelling state legislator defendants to produce discovery responses in suit brought by members of municipal airport authority to enjoin enforcement of law abolishing the airport authority and creating a new metropolitan airport authority with fewer members appointed by the Jackson … More November 18-19, 2024, opinions
Designated for publication per curiam (Elrod, Dennis, Higginson), maritime, breach of contract, insurance Reversing post-bench trial dismissal of two maritime breach of contract claims arising from injury of defendant’s employee. Cross-claim plaintiff owner of crew boat had been found liable for damages to an employee of the cross-claim defendant owner of a construction company, who … More November 15, 2024, opinions
Designated for publication per curiam (Higginbotham, Southwick, Higginson), Higginbotham, J., concurring; taking On remand from the U.S. Supreme Court, withdrawing previous order remanding to the district court with instructions to return litigation to the state court and instead remanding to the district court to decide whether to return the litigation to state court. Judge Higginbotham … More November 12-14, 2024, opinions
Unpublished per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming sentence incorporating career offender enhancement on conviction of possession with intent to distribute 50 grams or more of methamphetamine, and possession with intent to distribute fentanyl.
Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Clement, Wilson), civil Affirming judgment for defendant, with no description of the case or underlying judgment being affirmed. per curiam (Graves, Willett, Wilson), … More November 11, 2024, opinions
Designated for publication Jones, J. (Jones, Barksdale, Ho), criminal Affirming conviction of illegal reentry, which resulted in surrender to immigration officials for deportation. The Court rejected the defendant’s argument that the district court had improperly shifted the burden to him to prove the invalidity of the waiver of rights regarding the underlying deportation rather than … More November 8, 2024, opinions
Designated for publication Oldham, J. (Jones, Southwick, Oldham), First Amendment On remand from the U.S. Supreme Court, remanding to the district court for further fact-findings: “In Moody v. NetChoice, LLC, 144 S. Ct. 2383 (2024), the Supreme Court emphasized that facial challenges to state laws are difficult to successfully mount. In the First Amendment context, … More November 7, 2024, opinions
Unpublished per curiam (Clement, Oldham, Wilson), prisoner suit Vacating dismissal of pretrial detainee’s failure-to-protect claim, affirming dismissal of other claims arising from assault, and remanding for further proceedings. per curiam (Wiener, Willett, Duncan), Wiener, J., concurring; municipal liability Affirming dismissal of municipal liability claims arising from tear-gassing and arrest of journalist plaintiff during George Floyd … More November 6, 2024, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions
