Category: Take the Fifth

November 17, 2023, opinions

November 20, 2023

Designated for publication Clement, J. (Clement, Haynes, Oldham), Haynes, J., dissenting; qualified immunity Reversing denial of qualified immunity for officer defendant arising from fatal shooting of suspect armed with a handgun equipped with a high-capacity ammunition extension, and rendering judgment dismissing excessive force claims brought by suspect’s survivors. The Court held, “We therefore conclude that, … More November 17, 2023, opinions

November 16, 2023, opinions

November 20, 2023

Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal tort Affirming dismissal of claims by plaintiffs who suffer from chronic Lyme disease against peer-reviewed medical journal arising from article published regarding new proposed treatment of Lyme disease; plaintiffs alleged that the article cast doubt on how to treat chronic Lyme disease and even whether the … More November 16, 2023, opinions

November 15, 2023, opinions

November 16, 2023

Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, sentencing Affirming convictions for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, as well as the 60-month sentence imposed on her resulting from these convictions and incorporating an upward variance based on the defendant’s knowledge of the danger … More November 15, 2023, opinions

November 14, 2023, opinions

November 15, 2023

Designated for publication Smith, J. (Smith, Southwick, Higginson), labor law Granting petition for review of NLRB order ruling that Tesla infringed on employees’ rights to unionize when it required employees to wear specific Tesla uniforms and prohibited employees from wearing union-insignia t-shirts instead (though the policy allowed employees to wear as many union stickers on … More November 14, 2023, opinions

November 13, 2023, opinions

November 14, 2023

Designated for publication Smith, J. (King, Smith, Elrod), First Amendment Affirming in part and reversing in part district court’s dismissal of attorney’s First Amendment forced-speech and forced-association claims against state bar association and denial of preliminary injunction; remanding; and rendering injunction with respect to plaintiff only, holding that some of the LSBA’s activities are still … More November 13, 2023, opinions

November 9-10, 2023, opinions

November 13, 2023

Designated for publication Southwick, J. (King, Elrod, Southwick), Voting Rights Act Vacating district court’s preliminary injunction to enjoin Louisiana legislature’s 2022 congressional redistricting maps on the basis that the failure to create a second majority-Black district violated section 2 of the Voting Rights Act, and remanding for further proceedings to allow the legislature until January … More November 9-10, 2023, opinions

November 7-8, 2023, opinions

November 9, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), product liability, expert witness, jury instructions Affirming judgment and damages award against Honda in strict liability and negligence defective design and product liability claims arising from side-impact car accident, rejecting arguments that district court erred in denying motion to exclude liability experts, denying motion for new trial … More November 7-8, 2023, opinions

November 6, 2023, opinions

November 7, 2023

Unpublished per curiam (Wiener, Willett, Douglas), criminal, sentencing Affirming 110-month sentence on conviction of possession of a firearm by a felon in connection with a drug trafficking offense. per curiam (Willett, Duncan, Douglas), criminal, sentencing Affirming sentence on conviction of conspiracy to possess with intent to distribute cocaine; possession of cocaine with intent to distribute … More November 6, 2023, opinions

November 3, 2023, opinions

November 6, 2023

Unpublished per curiam (Richman, Stewart, Douglas), criminal, sufficiency of evidence, jury instructions, sentencing Affirming convictions and sentences arising from multi-million-dollar healthcare fraud conspiracy. per curiam (Dennis, Engelhardt, Wilson), criminal, sentencing Affirming 97-month sentence on conviction of harboring illegal aliens for the purpose of commercial advantage and private financial gain. per curiam (Smith, Ho, Engelhardt), criminal … More November 3, 2023, opinions

November 2, 2023, opinions

November 3, 2023

Designated for publication Elrod, J. (Stewart, Elrod, Graves), qualified immunity, expert testimony, First Amendment Affirming in part and reversing in part qualified immunity dismissal of plaintiff’s claims arising from arrest for making a false report of a hostage situation. The Court first held that the district court did not abuse its discretion in excluding the … More November 2, 2023, opinions