Designated for publication Elrod, J. (Elrod, Ho, Oldham), Oldham, J., dissenting in part; qualified immunity Reversing summary judgment in favor of defendant jail officials on qualified immunity grounds, and remanding for further proceedings. The plaintiff’s claims arise from being tasered while a pretrial detainee, when he alleges he was being fully compliant with the jail … More July 24, 2023, opinions
Designated for publication per curiam (en banc), labor law Ordering rehearing en banc; vacating March 31, 2023, panel opinion that had denied petitions for review of NLRB order finding that Tesla CEO Elon Musk posted an unlawful threat on Twitter, that employee was unlawfully terminated, that Tesla did not unlawfully solicit and promise to remedy … More July 21, 2023, opinions
Designated for publication Duncan, J. (Wiener, Southwick, Duncan), breach of contract, COVID-19 Reversing dismissal of students’ putative class claims for breach of contract when defendant university failed to refund tuition and fees after switching to remote instruction during the COVID-19 pandemic, finding that the plaintiffs had adequately pled a breach of contract claim; but certifying … More July 19-20, 2023, opinions
Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., concurring; Title IX, sec. 1983 Denying rehearing en banc, and withdrawing prior panel opinion and substituting new opinion, reversing denial of qualified immunity dismissal of sec. 1983 claim on state-created danger grounds, and remanding for proceedings of Title IX claims arising from sexual assault of … More July 14-18, 2023, opinions
Designated for publication Graves, J. (Graves, Ho, Duncan), Ho, J., concurring; immigration Denying Cambodian citizen’s petition for review of BIA order affirming IJ’s finding that he is removable for having been convicted of an aggravated felony. The Court held “that Khan’s conviction under 18 Pa. Cons. Stat. § 3925(a) constitutes receipt of stolen property, and … More May 30, 2023, opinions
Designated for publication Higginson, J. (Clement, Graves, Higginson), breach of contract, mootness Affirming district court’s affirmance of bankruptcy court’s denial of motion to assume an executory contract, upholding finding that there was insufficient evidence in the record to show that, under Texas law, there was sufficient identification of the property or an offer or acceptance … More May 3, 2023, opinions
Designated for publication per curiam (Higginbotham, Jones, Oldham), preemption, personal torts Affirming summary judgment dismissal of intentional infliction of emotional distress claims, but reversing 12(b)(6) dismissal of negligent supervision and invasion of privacy claims, and remanding for further proceedings, on plaintiff’s claims against employer that supervisor denied him a bathroom break in his warehouse job … More April 27, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions
Designated for publication Engelhardt, J. (Richman, Ho, Engelhardt), National Environmental Policy Act, sovereign immunity Affirming summary judgment in favor of Corps of Engineers on plaintiffs’ claims that Corps should be compelled to prepare a supplemental environmental impact statement pursuant to NEPA to increase usage of the Bonnet Carre Spillway, which summary judgment dismissed claims on … More March 27, 2023, opinions
Designated for publication per curiam (denial of en banc rehearing; voting against rehearing were Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Douglas, JJ.; voting for rehearing were Smith, Elrod, Engelhardt, Oldham, Wilson, JJ.); Higginbotham, J., concurring in denial of rehearing; Higginson, J., concurring in denial of rehearing; Oldham, J., dissenting from denial … More March 23, 2023, opinions
