Designated for publication Smith, J. (Higginbotham, Smith, Higginson), appellate jurisdiction Dismissing appeal of denial of motion for declaratory judgment as procedurally improper, holding that, as a matter of first impression, the Court does not have jurisdiction “to review a procedurally improper motion denied as such.” As part of consent settlement of an SEC enforcement action, … More March 19, 2024, opinions
Designated for publication Higginson, J. (Smith, Southwick, Higginson), insurance Reversing district court’s judgment denying declaratory relief to insurer that argued that the Louisiana Oilfield Anti-Indemnity Act invalidated coverage for contracts by insured to engage in “drill-and-blast” salt mining, under the Act’s applicability to activities comprising “drilling for minerals.” District court had not reached that question, … More March 18, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Jones, Smith, Elrod, Haynes, Ho, Duncan, Engelhardt, Wilson; voting for en banc rehearing: Stewart, Southwick, Graves, Higginson, Willett, Douglas, Ramirez; recused: Oldham, J.); Jones, J., concurring in denial of rehearing (joined by Smith, Elrod, Ho, Engelhardt, Wilson, JJ.); Higginson, J., dissenting from denial of … More March 14, 2024, opinions
Unpublished per curiam (Stewart, Dennis, Wilson), securities fraud, receivership, mootness Dismissing as moot appeal from order ratifying a settlement agreement executed by court-appointed receiver, due to subsequent events in the litigation. per curiam (Wiener, Stewart, Douglas), criminal Affirming conviction of being a felon in possession of a firearm. per curiam (Jolly, Engelhardt, Douglas), criminal, sentencing … More March 13, 2024, opinions
Designated for publication Duncan, J. (Richman, Haynes, Duncan), Administrative Procedures Act, preemption, healthcare law Affirming in part and reversing in part district court’s judgment that Title X of the Public Health Service Act violates the plaintiff’s constitutional right to consent to the provision of contraceptive care to his minor daughters and that a regulation promulgated … More March 11-12, 2024, opinions
Designated for publication per curiam (Richman, Higginbotham, Elrod), unfair trade practices, improper argument Reversing judgment on jury verdict in favor of defendant in unfair trade practices claim, and remanding for further proceedings, on the basis that “the Defendants’ counsels’ closing argument irreparably prejudiced the fairness of the trial.” The Court held that “legitimate ‘oratory’ and … More March 8, 2024, opinions
Designated for publication Stewart, J. (Jones, Stewart, Duncan), labor law Denying in part and granting in part petition for review of NLRB decision that the petitioner’s RN Case Managers are not NLRA-exempt supervisors and that the petitioner violated the NLRA by creating an impermissible oral workplace rule, threatening employees who exercised protected activity, interrogating staff … More March 7, 2024, opinions
Designated for publication per curiam (Jones, Haynes, Douglas, JJ.), prisoner suit Granting stay pending appeal of remedial order regarding medical care and ADA compliance affecting state prisoners. Unpublished per curiam (King, Haynes, Graves), criminal, sentencing Affirming 60-month sentence on conviction of illegal reentry. per curiam (Jolly, Higginson, Duncan), criminal, compassionate release Affirming denial of motion … More March 6, 2024, opinions
Designated for publication Southwick, J. (Davis, Southwick, Ho), breach of contract Affirming summary judgment in favor of defendant on statute of frauds grounds, in claims arising from alleged breach of agreement to form limited liability company with defendant and plaintiff as co-owners rather than with defendant as sole owner. The Court held that the oral … More March 5, 2024, opinions
