Designated for publication Hignell-Stark v. City of New Orleans, 21-30643, appeal from E.D. La. Smith, J. (Smith, Wiener, Southwick), § 1983, takings, Commerce Clause, First Amendment Affirming in part and vacating in part summary judgment dismissing two of three constitutional challenges by owners of short-term rentals (STRs) against the City of New Orleans in relation … More August 22, 2022, opinions
Designated for publication Fairchild v. Coryell County, 20-50237, appeal from W.D. Tex. Costa, J. (Jolly, Southwick, Costa), excessive force, qualified immunity Reversing summary judgment in favor of jailer defendants and county on plaintiffs’ excessive force claims arising from the jailers’ forceful pinning of a pretrial detainee to the floor of her cell until she died, … More July 14, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Whole Woman’s Health v. Young, 18-50730, appeal from W.D. Tex. per curiam (Barksdale, Stewart, Costa), abortion law Vacating injunction of Texas law regarding disposal of embryonic and fetal tissue after … More June 20-28, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Durbois v. Deutsche Bank National Trust Co., 20-11082, appeal from N.D. Tex. Oldham, J. (Jolly, Haynes, Oldham), foreclosure, diversity jurisdiction Reversing district court’s dismissal of homeowner’s suit arising from the … More June 16-17, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La. Higginbotham, J. (Higginbotham, Costa, Oldham), Oldham, J., dissenting; qualified immunity Affirming in part and reversing in part denial of qualified immunity for … More June 7-12, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication U.S. v. Perry, 17-30610, c/w U.S. v. Price, 17-30611, appeal from E.D. La. Higginson, J. (Jones, Higginson, Duncan), criminal, sufficiency of evidence, Batson … More May 12, 2022, opinions
Designated for publication Consumer Financial Protection Bureau v. All American Check Cashing, Inc., 18-60302, appeal from S.D. Miss. per curiam (Richman, Higginbotham, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson); Jones, J., concurring (joined by Elrod, Duncan, Engelhardt, Oldham, JJ.); Oldham, J., concurring in judgment (joined by Engelhardt, … More May 2-3, 2022, opinions
Designated for publication Foster v. Warden, 20-10841, appeal from N.D. Tex. Southwick, J. (Dennis, Southwick, Wilson), mootness Vacating dismissal on mootness grounds of former military prisoner’s suit regarding the constitutionality of term of supervised release he had been found to have violated, and remanding to district court for determination of whether post-imprisonment effect on eligibility … More April 13-14, 2022, opinions
Designated for publication Defense Distributed v. Bruck, 21-50327, appeal from W.D. Tex. Jones, J. (Jones, Elrod, Higginson), Higginson, J., dissenting; mandamus, First Amendment, venue transfer, severance Granting mandamus ordering the district court to request retransfer back to it of a claim against the New Jersey Attorney General (“NJAG”) that it has severed from a larger … More April 1, 2022, opinions
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