Tag: breach of fiduciary duty

May 14, 2026, opinions

May 15, 2026

Designated for publication Graves, J. (Elrod, Higginbotham, Graves) (no oral argument), international law Affirming summary judgment dismissal of international law claims arising from death on international flight, to the extent the claims arise from theories of imperfect medical response, but reversing summary judgment to the extent claims arise from malfunctioning medical equipment. Fourteen-year-old Kevin Greenidge … More May 14, 2026, opinions

April 14, 2026, opinions

April 15, 2026

Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), criminal, guilty plea Affirming conviction for illegal entry. Victor Alfredo Tovar-Martinez appealed his conviction for illegal reentry, contending his guilty plea was not knowing and voluntary because the district court failed to inform him during the Rule 11 colloquy that the statute applies only to … More April 14, 2026, opinions

February 10, 2026, opinions

February 11, 2026

Designated for publication Smith, J. (Elrod, Smith, Wilson) (oral argument), civil rights, injunction, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from denial of motion to dismiss or strike plaintiffs’ motion to modify a desegregation injunction for the Parish School Board. The case arises from a long-running school desegregation injunction imposed on the School … More February 10, 2026, opinions

July 10, 2025, opinions

July 11, 2025

Designated for publication Douglas, J. (Dennis, Oldham, Douglas), Dennis, J., dissenting; sec. 1983, pretrial detention Affirming dismissal of claims by pretrial detainee regarding the alleged misuse of suicide watch protocols by county and county officials. Ronnie Alexander, a pretrial detainee at Henderson County Jail, was moved to a “violent cell” after he falsely claimed to … More July 10, 2025, opinions

May 13, 2025, opinions

May 15, 2025

Designated for publication Graves, J. (Graves, Engelhardt, Oldham), breach of fiduciary duty Affirming dismissal of breach of fiduciary duty claims brought in a shareholder derivative suit by company’s shareholders against company’s directors. The Court held that shareholders must either make a litigation demand to the board or show demand futility by demonstrating that at least … More May 13, 2025, opinions

March 5-6, 2025, opinions

March 10, 2025

Designated for publication per curiam (Smith, Clement, Duncan), social security Affirming award of disability benefits, rejecting argument that plaintiff was entitled to benefits from an earlier date. Ramirez, J. (Richman, Graves, Ramirez), labor law, jurisdiction Dismissing for lack of subject-matter jurisdiction appeal of “effective denial” of company’s challenge and motion for injunctive relief from allegedly … More March 5-6, 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

August 16-21, 2024, opinions

August 23, 2024

Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions

October 30-31, 2023, opinions

November 1, 2023

Designated for publication Higginson, J. (Smith, Higginson, Willett), habeas corpus Affirming denial of § 2254 petition challenging the sufficiency of evidence on his Louisiana conviction of juvenile molestation. Elrod, J. (Clement, Elrod, Willett), breach of fiduciary duty, offset Affirming damages award on breach of fiduciary duty claim by company against its former operations supervisor, but … More October 30-31, 2023, opinions

January 11, 2023, opinions

January 12, 2023

Designated for publication Smith, J. (Smith, Haynes, by quorum); attorneys’ fees, breach of fiduciary duty Affirming summary judgment in favor of defendants on plaintiffs’ claims for breach of fiduciary duty, negligence, and conspiracy to commit theft, and affirming award of attorneys’ fees. The district court awarded summary judgment to J.P. Morgan entities on the plaintiffs’ … More January 11, 2023, opinions