Designated for publication Elrod, C.J. (Elrod, Jones, Stewart), administrative law, First Amendment Vacating FCC order requiring certain disclosures by broadcasters of employment demographics information. Petitioners challenged the FCC’s order requiring broadcasters to submit employment data through Form 395-B, raising four arguments, but the Court focused solely on the first: whether the FCC had statutory authority … More May 19, 2025, opinions
Designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), personal tort, Federal Tort Claims Act Affirming judgment in favor of plaintiff in personal injury and death arising from an auto collision with a U.S. Postal Service vehicle that then caused the plaintiff to go forward and collide with his neighbor’s house. The Court analyzed a case … More May 16-18, 2025, opinions
Designated for publication Southwick, J. (Wiener, Stewart, Southwick), supervised release, criminal Affirming revocation of supervised release based on failure to report to federal parole officer and on state crimes while on release, even though arrest for revocation of supervised release did not occur until after term of supervised release was over, upholding invocation of jurisdiction … More May 15, 2025, opinions
Designated for publication Engelhardt, J. (Graves, Engelhardt, Oldham), Graves, J., dissenting; Americans with Disabilities Act Affirming dismissal of former employee’s ADA claims on the pleadings. The Court held that Turner cannot establish a prima facie case of disability discrimination under the ADA because he failed to demonstrate that he was “qualified” for the job, having … More May 14, 2025, opinions
Designated for publication Graves, J. (Graves, Engelhardt, Oldham), breach of fiduciary duty Affirming dismissal of breach of fiduciary duty claims brought in a shareholder derivative suit by company’s shareholders against company’s directors. The Court held that shareholders must either make a litigation demand to the board or show demand futility by demonstrating that at least … More May 13, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Higginbotham, Southwick), toxic torts, expert witness Affirming exclusion of plaintiff’s expert testimony in Deepwater Horizon-cleanup-related toxic tort action, and affirming summary judgment for defendant, but clarifying Circuit’s requirements for causation proof in an expert report. Under Daubert and Rule 702, expert testimony is admissible if it is both relevant … More May 12, 2025, opinions
Designated for publication Clement, J. (Clement, Engelhardt, Wilson), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Reversing the denial of Southwest’s motion for judgment as a matter of law on employee’s belief-based Title VII claim and RLA retaliation claim and remanding with instructions for the district court to enter judgment for Southwest; affirming … More May 8-9, 2025, opinions
Unpublished opinions per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming 20-month sentence on revocation of supervised release. per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming conviction and 52-month sentence for conspiracy to possess heroin with intent to distribute, possession of a firearm in furtherance of a drug-trafficking crime, maintaining a drug-involved premises, possession of methamphetamine … More May 7, 2025, opinions
Designated for publication Ramirez, J. (Richman, Graves, Ramirez), Richman, J., dissenting; labor law, appellate jurisdiction The Court dismissed Amazon’s appeal of what it argued was a constructive denial of its motion for temporary restraining order or preliminary injunction of the NLRB’s Bargaining Case proceeding, for lack of appellate jurisdiction on the basis that there was … More May 6, 2025, opinions
Designated for publication Douglas, J. (Smith, Higginson, Douglas), settlement agreement, jurisdiction In appeal from district court’s ruling on severed motions to enforce settlement agreements by parties in dispute arising from partnership agreement, remanding to district court to determine parties’ citizenship for purposes of diversity jurisdiction. The Court rejected party citizenship allegations supported merely “on information … More May 5, 2025, opinions
