Tag: breach of contract

January 28, 2025, opinions

January 29, 2025

Designated for publication per curiam (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Ho, Duncan, Oldham, JJ.), Ho, J., dissenting from denial of rehearing; Oldham, J. (joined by Jones, Smith, Duncan, JJ.), dissenting from denial of rehearing; prisoner suit, appellate jurisdiction, en … More January 28, 2025, opinions

January 7, 2025, opinions

January 8, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Dennis, Southwick), breach of contract, insurance Affirming summary judgment dismissal of contract and coverage claims against insurer. per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Stewart, Duncan), … More January 7, 2025, opinions

January 6, 2025, opinions

January 7, 2025

Designated for publication Clement, J. (Smith, Clement, Higginson), breach of contract On breach of contract claim arising from the extension of a lease over a whole tract, rather than a portion, by a bank that managed co-lessor’s interest in a mineral interests on the tract, affirming district court’s judgment that the lease calculated royalty on … More January 6, 2025, opinions

January 2-5, 2025, opinions

January 6, 2025

Designated for publication per curiam (Voting AGAINST en banc rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, JJ.; voting FOR en banc rehearing: Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); qualified immunity Denying en banc rehearing of September 10, 2024, panel opinion (Douglas, J., joined by Wiener, J.; Smith, J., dissenting) … More January 2-5, 2025, opinions

December 30-31, 2024, opinions

January 6, 2025

Designated for publication Clerk Order (Voting AGAINST en banc hearing in the first instance: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting FOR en banc hearing in the first instance: Jones, Ho, Oldham, JJ.); First Amendment, en banc Order denying motion for the en banc Court to … More December 30-31, 2024, opinions

November 26, 2024, opinions

November 27, 2024

Designated for publication Willett, J. (Jones, Willett, Engelhardt), Administrative Procedures Act Reversing summary judgment in favor of the Treasury Department’s Office of Foreign Assets Control, and remanding to the district court to enter partial summary judgment in favor of plaintiffs’ APA challenge to OFAC’s inclusion of Tornado Cash’s immutable crypto-mixing smart contracts on the list … More November 26, 2024, opinions

November 21-25, 2024, opinions

November 26, 2024

Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt), breach of contract, employment, personal jurisdiction Affirming dismissal of Louisiana-resident employee’s breach-of-contract wage payment claim against Virginia-resident employer for lack of personal jurisdiction. “[Defendant] Pritchard contends the fiduciary shield doctrine precludes jurisdiction based on his purely corporate contacts with Louisiana. [Plaintiff] Savoie counters that the fiduciary shield … More November 21-25, 2024, opinions

November 20, 2024, opinions

November 21, 2024

Designated for publication Douglas, J. (King, Willett, Douglas), trademark infringement Vacating district court’s amended judgment on remand, and reinstating district court’s prior judgment of injunctive relief as modified by the Court’s prior opinion on March 21, 2024, and by the parties’ stipulated additional language. Richman, J. (Jones, Richman, Ho; not joined by Judge Ho, who … More November 20, 2024, opinions

November 15, 2024, opinions

November 18, 2024

Designated for publication per curiam (Elrod, Dennis, Higginson), maritime, breach of contract, insurance Reversing post-bench trial dismissal of two maritime breach of contract claims arising from injury of defendant’s employee. Cross-claim plaintiff owner of crew boat had been found liable for damages to an employee of the cross-claim defendant owner of a construction company, who … More November 15, 2024, opinions

November 1-5, 2024, opinions

November 6, 2024

Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions