Tag: breach of contract

December 13, 2022, opinions

December 14, 2022

Designated for publication Jones, J. (Jones, Stewart, Duncan), foreign discovery Reversing 28 U.S.C. § 1782(a) order for foreign discovery, and remanding for further proceedings. The Court held that the district court “misconstrued our precedent and erroneously rebuffed respondents’ challenge” to a discovery order’s “validity pursuant to statutory requirements and the Supreme Court’s ‘Intel factors.’” (Citing … More December 13, 2022, opinions

November 15, 2022, opinions

November 16, 2022

Designated for publication Duncan, J. (Clement, Duncan, Wilson), criminal, sentencing, forfeiture Affirming conviction of numerous wire-fraud and money-laundering charges arising from fraud to induce Department of Veterans Affairs to pay over $71 million in GI-Bill funds to defendant’s trade school; and affirming sentence of 235 months and restitution to the VA of $65.2 million; but … More November 15, 2022, opinions

November 11, 2022, opinions

November 12, 2022

Designated for publications per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Ho, J., dissenting from denial of rehearing (joined by Smith, Engelhardt, JJ.); criminal, Commerce Clause Denying rehearing en banc of a panel decision affirming conviction for being a felon in possession of a firearm, … More November 11, 2022, opinions

October 11-17, 2022, opinions

October 18, 2022

Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions

October 6, 2022, opinions

October 7, 2022

Designated for publication per curiam (Higginbotham, Graves, Ho), bankruptcy Affirming district court’s judgment accepting debtor’s decision under 11 U.S.C. § 365 to reject commercial lease (including sublease to appealing claimant) under the business judgment rule, and rejecting claimant’s argument that bad faith in a third party’s negotiations with the claimant tainted the decision to reject … More October 6, 2022, opinions

September 30, 2022, opinions

October 3, 2022

Designated for publication Smith, J. (Smith, Duncan, Oldham), Oldham, J., dissenting; immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order that IJ lacked jurisdiction to decide application for cancelation of a reinstatement of removal under the Violence Against Women Act. The Court held that, under the rule of orderliness, … More September 30, 2022, opinions

September 15, 2022, opinions

September 16, 2022

Designated for publication King, J. (King, Elrod, Southwick), Elrod, J., concurring in judgment; tax, Freedom of Information Act, attorneys’ fees Affirming dismissal of claims challenging tax penalties, revocation of passport pursuant to penalties, and denial of award of attorneys’ fees under FOIA. The Court held that the district court correctly dismissed the plaintiff’s claims challenging … More September 15, 2022, opinions