Opinion Summaries – Page 57

October 12, 2023, opinions

October 13, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), First Amendment Vacating preliminary injunction against enforcement of city ordinance regulating aspects of operations, including business hours, of sexually-oriented businesses, and remanding for further proceedings. The Court summarized, “Under longstanding Supreme Court precedent, the Ordinance is likely constitutional. The City’s evidence reasonably showed a link between SOBs’ … More October 12, 2023, opinions

October 10-11, 2023, decisions

October 13, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), spoliation, trade secrets Affirming spoliation sanction of default judgment and damages award against spoliating defendant in suit alleging misappropriation of proprietary software code. Higginson, J. (Smith, Higginson, Willett), takings Reversing judgment that city violated Takings Clause when it refused to compensate a homeowner for damage to her … More October 10-11, 2023, decisions

October 9, 2023, opinions

October 10, 2023

Designated for publication Southwick, J. (Smith, Southwick, Graves); Graves, J., concurring; Smith, J., dissenting; habeas corpus Declining to vacate the district court’s stay of execution pending appeal of merits of interlocutory issue regarding DNA testing of evidence from an uncharged crime that was used to establish future dangerousness in the sentencing of the petitioner. The … More October 9, 2023, opinions

October 6, 2023, opinions

October 9, 2023

Designated for publication Willett, J. (Willett, Engelhardt, Oldham), ERISA Reversing district court’s order of reclassification of former NFL player to the highest level of disability plan benefits under the League’s retirement and disability plan, holding that the former player had not timely appealed the initial classification and had failed to show a change of circumstances … More October 6, 2023, opinions

October 5, 2023, opinions

October 6, 2023

Designated for publication Oldham, J. (Willett, Engelhardt, Oldham), insurance, diversity jurisdiction Remanding appeal of summary judgment in favor of insurer regarding coverage for Covid-related shutdown of music festival, for purposes of determining the existence of diversity jurisdiction where the record did not adequately document the citizenship of LLC parties to the litigation. The Court noted … More October 5, 2023, opinions

October 4, 2023, opinions

October 5, 2023

Designated for publication Clement, J. (Clement, Haynes, Oldham), criminal, civil commitment Affirming order of indefinite civil commitment pursuant to 18 U.S.C. § 4246 because appellant was committed the Attorney General under § 4241(d) when the petition was filed. Unpublished per curiam (Clement, Haynes, Oldham), criminal Affirming Anders motion to withdraw, and dismissing appeal. per curiam … More October 4, 2023, opinions

October 2-3, 2023, opinions

October 4, 2023

Designated for publication Richman, C.J. (Richman, Wiener, Willett), criminal, Anti-Kickback Statute, sufficiency of evidence, Travel Act, Speedy Trial Act, Bruton violation, Court Reporter’s Act, jury instructions, prosecutorial conduct, sentencing, restitution The Court upheld the sufficiency of evidence to support the Anti-Kickback Statute convictions of six co-defendants, holding that the government need not prove defendants had … More October 2-3, 2023, opinions

September 28-29, 2023, opinions

October 2, 2023

Designated for publication per curiam (en banc court), voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Granting en banc rehearing, and vacating August 4, 2023, panel opinion that reversed in part and affirmed in part district court’s dismissal of constitutional challenge to Mississippi’s permanent disenfranchisement of certain felons. Duncan, J. (Duncan, … More September 28-29, 2023, opinions

September 27, 2023, opinions

September 28, 2023

Designated for publication Wilson, J. (Smith, Clement, Wilson), WARN Act, summary judgment, jury right Appellate counsel from Fishman Haygood represented prevailing party. Affirming in part and reversing in part summary judgment dismissal of employees’ WARN Act claims against investment advisor of plaintiffs’ employer on violations of WARN Act. The Court affirmed the district court’s holding … More September 27, 2023, opinions

September 26, 2023, opinions