Designated for publication Jones, J. (King, Jones, Duncan), maritime law Affirming the judgment on jury verdict that owner of one vessel involved in a river collision was not negligent; but vacating judgment that other vessel owner was negligent and captain was grossly negligent and remanding for new trial, based on holding that district court instructed … More December 4, 2023, opinions
Designated for publication Higginson, J. (Graves, Higginson, Ho), Ho, J., dubitante; criminal, sentencing, Brady violation On remand from the U.S. Supreme Court, re-affirming defendant’s conviction of aggravated identity theft under 18 U.S.C. § 1028A under the new “crux of the criminality” standard from U.S. v. Dubin, 599 U.S. 110 (2023), and affirming the district court’s … More December 1, 2023, 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 November 2023 opinion statistics
Unpublished per curiam (Dennis, Engelhardt, Oldham), criminal, sentencing Affirming 72-month sentence, based on crime-of-violence sentencing enhancement, and constitutionality of conviction of being a felon in possession of a firearm. per curiam (Elrod, Ho, Wilson), Ho, J., dissenting in part; qualified immunity Dismissing appeal in part, reversing denial of qualified immunity summary judgment in part, and … More November 30, 2023, opinions
Designated for publication per curiam (King, Smith, Elrod), qualified immunity, municipal liability, Americans with Disabilities Act Affirming qualified immunity dismissal of plaintiff’s excessive force claims against K9 officer arising from dog-bite injuries when officers responded to call that plaintiff was suicidal, and bystander liability claims against second officer; and 12(b)(6) dismissal of municipal liability claim … More November 29, 2023, opinions
Designated for publication per curiam (en banc Court), Voting Rights Act Granting en banc rehearing of November 10 panel opinion that affirmed the district court’s injunction against County’s redistricting plan that eliminated a majority-minority county commissioner district, but that had expressly requested an en banc poll on the basis of the panel’s disagreement with binding Circuit precedent … More November 28, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Ho), Dennis, J., dissenting; mineral law Certifying to Louisiana Supreme Court question of whether Louisiana’s negotiorum gestio doctrine applies to Louisiana mineral law regarding the deduction of post-production costs from an unleased mineral-interest owner’s pro rata share of unit production. The same question was previously certified in Self … More November 27, 2023, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Elrod), Higginbotham, J., dissenting; Clean Air Act, administrative law, Administrative Procedure Act, venue Vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard (“RFS”) program of the Clean Air Act (“CAA”), on basis that the denial was “(1) impermissibly retroactive; (2) contrary to law; and … More November 22, 2023, opinions
Unpublished per curiam (Jolly, Engelhardt, Douglas), criminal, search and seizure Affirming conviction of bank robbery and brandishing a firearm during a crime of violence, upholding denial of motion to suppress. per curiam (Wiener, Willett, Douglas), prisoner suit, municipal liability Affirming dismissal of pretrial detainee’s Monell claim arising from conditions during her pretrial detention. per curiam … More November 21, 2023, opinions
Designated for publication Higginson, J. (Smith, Higginson, Engelhardt), social security, jurisdiction Affirming the district court’s decision that it did not have jurisdiction over the plaintiff’s claims arising from withholding of benefits. The Court held that it could not have general federal question jurisdiction over claims arising from the Social Security Act, and that the limited … More November 20, 2023, opinions
