Designated for publication Jones, J. (Jones, Stewart, Duncan), administrative law Reversing $6.5 million penalty judgment and vacating injunction issued after jury verdict in civil enforcement action brought by the CFTC against energy commodity trader under 17 CFR § 155.4(b)(2)(i), “a regulation that prevents commodities traders from ‘taking the other side of orders’ without clients’ consent.” … More January 8, 2024, opinions
Designated for publication per curiam (Jones, Stewart, Duncan); Duncan, J., concurring; Jones, J., concurring; qualified immunity Affirming denial of motion to dismiss on qualified immunity, regarding plaintiff’s claims against Department of Public Safety and Corrections official for over-detention. Plaintiff was detained in a Louisiana prison 41 days past the end of his 90-day sentence, because … More January 5, 2024, opinions
Designated for publication per curiam (Smith, Elrod, Engelhardt), § 1983, standing Denying motion for injunction pending appeal of district court’s denial of injunction of new Mississippi statute expanding the special judicial district surrounding the Mississippi state capitol and empowering the chief justice of the Mississippi Supreme Court to appoint the judge for the district and … More January 4, 2024, opinions
Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Haynes, J., dissenting (joined by Stewart, Southwick, Higginson, Douglas, JJ.); Graves, J., joining dissent in part; administrative law Granting petition for review of FDA marketing denial orders regarding flavored e-cigarettes, setting orders aside, and remanding to the FDA … More January 3, 2024, opinions
Designated for publication Engelhardt, J. (Southwick, Engelhardt, Wilson), abortion, administrative law, standing, preemption Affirming district court’s permanent injunction against Guidance letter issued by the Centers for Medicare and Medicaid Services (“CMS”), the agency of the Department of Health and Human Services charged with administering the Emergency Medical Treatment and Active Labor Act of 1986, which … More January 2, 2024, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More December 2023 opinion statistics
Unpublished per curiam (Stewart, Dennis, Wilson), Dennis, J., dissenting in part; criminal, sentencing Affirming in part and vacating in part 108-month sentence on conviction of possession with intent to distribute marijuana and methamphetamine; “remand[ing] for recalculation of his sentence to account for the new base offense level resulting from the 10 percent decrease of the … More December 29, 2023, opinions
Unpublished per curiam (Jones, Southwick, Ho), product liability Dismissing as frivolous appeal from dismissal of product liability suit regarding seatbelts and airbags. per curiam (Jones, Southwick, Ho), criminal, sentencing Affirming sentence on conviction of drug offenses and possessing a firearm as a felon. per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing Affirming conviction and 57-month sentence … More December 26-28, 2023, opinions
Designated for publication Clement, J. (Jones, Clement, Haynes), insurance, class action Vacating class certification and remanding for further proceedings on claim of undervaluation of total-loss claims due to insurer’s use of valuation system. The Court held that “class certification was only proper if plaintiffs could prove injury—i.e., underpayment—on a class-wide basis,” and rejecting premise that … More December 22, 2023, opinions
Designated for publication Elrod, J. (Higginbotham, Smith, Elrod), criminal, search and seizure, sentencing Affirming conviction and sentence on various drug trafficking offenses and possession of a firearm by a felon; upholding denial of multiple motions to suppress; and upholding application of dangerous weapon enhancement to sentencing calculation. Unpublished per curiam (Smith, Higginson, Engelhardt), prisoner suit … More December 21, 2023, opinions
