March 13-14, 2023, opinions

March 15, 2023

Designated for publication Willett, J. (Graves, Willett, Engelhardt), insurance, preemption, sovereign immunity, standing Affirming dismissal of former federal employee’s claim against health insurer and federal Office of Personnel Management arising from the denial of coverage for proton therapy for cancer; district court had dismissed claims against OPM under sovereign immunity, and against Blue Cross on … More March 13-14, 2023, opinions

March 9-10, 2023, opinions

March 13, 2023

Designated for publication Higginbotham, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting in part; qualified immunity Dismissing for lack of appellate jurisdiction officers’ appeal of denial of qualified immunity summary judgment on plaintiff’s excessive force claim against one officer, false arrest claim against four officers, and fabrication of evidence claim against another officer, arising from the … More March 9-10, 2023, opinions

March 8, 2023, opinions

March 9, 2023

Designated for publication Duncan, J. (Smith, Duncan, Oldham), Oldham, J., concurring; trademark infringement, sovereign immunity Affirming summary judgment dismissal of plaintiff’s trademark claims arising from reading-incentive program against county school district; and affirming on alternative grounds to the sovereign immunity grounds relied on by the trial court the dismissal of plaintiff’s trademark claims against nonprofit … More March 8, 2023, opinions

March 7, 2023, opinions

March 8, 2023

Unpublished per curiam (Stewart, Willett, Douglas), habeas corpus Dismissing as frivolous appeal from denial of sec. 2241 petition. per curiam (Smith, Southwick, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Dennis, Willett), criminal, sufficiency of evidence, sentencing Affirming sentence and convictions for conspiracy to possess with intent to distribute 50 … More March 7, 2023, opinions

March 3-6, 2023, opinions

March 7, 2023

Designated for publication per curiam (Wiener, Elrod, Engelhardt), immigration Denying Mexican citizen’s petition for review of BIA order issuing a final order of removal after IJ’s decision that he was ineligible for asylum because of a conviction of Texas aggravated robbery. Petitioner had been a lawful permanent resident of the U.S. since 2003. In 2014 … More March 3-6, 2023, opinions

March 2, 2023, opinions

March 3, 2023

Unpublished per curiam (Richman, Barksdale, Duncan), unfair trade practices, § 1983 Affirming in part and dismissing for lack of jurisdiction in part appeal from dismissal of dentist’s claims against members of the state dentistry board and individuals who had assisted the board in an alleged conspiracy to deprive the plaintiff of his dental license. per … More March 2, 2023, opinions

March 1, 2023, opinions

March 2, 2023

Unpublished per curiam (Stewart, Dennis, Southwick), immigration Dismissing in part and denying in part Yemeni citizen’s petition for review of BIA order affirming IJ’s denial of application for cancellation of removal and protection under the CAT per curiam (King, Higginson, Willett), criminal, sentencing Affirming 42-month sentence on conviction of illegal reentry. per curiam (Stewart, Duncan, … More March 1, 2023, opinions

February 28, 2023, opinions

March 1, 2023

Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, jurisdiction, Miranda Reversing dismissal of indictments in international bribery and money laundering cases, and reversing granting of motion to suppress, and remanding for further proceedings. The Court first held that the district court erred in holding that it did not have jurisdiction over the cases based … More February 28, 2023, opinions