Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for cancelation of removal and voluntary departure; rejecting arguments “that (1) the agency erred in determining he was ineligible for cancellation because he had not made the required exceptional-hardship and … More October 31, 2024, opinions
Designated for publication Haynes, J. (Southwick, Haynes, Douglas), administrative law Reversing in part and affirming in part district court’s ruling on plaintiff healthcare providers’ and air-ambulance providers’ challenge to HHS rules regarding the No Surprises Act; reversing vacatur of rule regarding how to calculate “qualifying payment amount” under the NSA, affirming vacatur of deadline provision … More October 30, 2024, opinions
Designated for publication Elrod, C.J. (Elrod, Graves, Ashe, by designation), administrative law, Fair Labor Standards Act Granting petition for panel rehearing of Aug. 23, 2024 panel opinion that reversed summary judgment in favor of the DOL and vacated DOL rule restricting when employers can claim a “tip credit” for “tipped employees” for purposes of the … More October 29, 2024, opinions
Designated for publication Elrod, C.J. (Elrod, Wiener, Wilson), labor law Reversing dismissal of union’s complaint against airline under the Railway Labor Act as subject to arbitration, holding that the union sufficiently pled the anti-union animus exception to RLA arbitration, and remanding for further proceedings. Engelhardt, J. (Jones, Willett, Engelhardt), First Amendment, timeliness Affirming dismissal of … More October 28, 2024, opinions
Designated for publication per curiam (Elrod, Jones, Smith, Willett, Duncan, Engelhardt, Oldham, Wilson) (Ho, J., recused; Haynes, J., concurring in judgment only); Dennis, J., dissenting (joined by Stewart, Richman, Southwick, Graves, Higginson, Douglas, Ramirez); en banc, labor law, First Amendment After panel opinion affirmed NLRB order finding that tweet by Tesla CEO Elon Musk regarding … More October 25, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Wilson), immigration Granting Haitian immigrant’s petitions for review of BIA’s dismissal of appeal from IJ’s denial of application for withholding of removal and protection under the Convention Against Torture, and for review of BIA’s denial of motion for reconsideration; vacating BIA’s orders; and remanding for review of IJ’s … More October 24, 2024, opinions
Unpublished Richman, J. (Jones, Rishman, Ho), criminal, guilty plea Denying government’s motion to dismiss appeal as barred by the appeal-waiver in the plea agreement; but affirming the guilty plea conviction for knowingly and intentionally possessing with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine,” … More October 23, 2024, opinions
Unpublished per curiam (Wiener, Ho, Ramirez), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Richman, Haynes, Duncan), Fair Labor Standards Act Affirming certification of collective action in wage claims and judgment on jury verdict in favor of plaintiff employees, holding that the “Direct Service Workers” for defendant provider of personal care services … More October 22, 2024, opinions
Unpublished per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming 12-month sentence on conviction of aiming a laser pointer at an aircraft. Higginson, J. (HIgginbotham, Higginson, Duncan), qualified immunity Affirming qualified immunity dismissal of claims arising from suicide death of plaintiff’s daughter. per curiam (Smith, Stewart, Duncan), prisoner suit Affirming dismissal of sec. 1983 claims. per … More October 21, 2024, opinions
Designated for publication per curiam (Smith, Graves, Engelhardt), discovery, First Amendment Granting stay pending appeal of district court’s order compelling production of documents responsive to discovery requests for the defendant’s list of donors and financial supporters, in claims by social media company that defendants “knowingly and maliciously” manipulated images to “portray X Corp. as a … More October 17-20, 2024, opinions
