Designated for publication Southwick, J. (King, Elrod, Southwick), Elrod, J., dissenting; Clean Air Act, administrative law Denying petitions for review of EPA order designating two Texas counties (Rusk and Panola) as in non-attainment for the NAAQS for sulfur dioxide, primarily due to emissions from a coal-burning power plant, and from order denying reconsideration of the … More January 11, 2024, opinions
Designated for publication Clement, J. (Jones, Clement, Haynes), insurance, class action Vacating class certification and remanding for further proceedings on claim of undervaluation of total-loss claims due to insurer’s use of valuation system. The Court held that “class certification was only proper if plaintiffs could prove injury—i.e., underpayment—on a class-wide basis,” and rejecting premise that … More December 22, 2023, opinions
Designated for publication Willett, J. (Willett, Engelhardt, Oldham), ERISA Reversing district court’s order of reclassification of former NFL player to the highest level of disability plan benefits under the League’s retirement and disability plan, holding that the former player had not timely appealed the initial classification and had failed to show a change of circumstances … More October 6, 2023, opinions
Designated for publication Haynes, J. (Haynes, Engelhardt, deGravelles, by designation), § 1983, sovereign immunity, Ex parte Young Vacating judgment after bench trial in favor of plaintiff on his due process claim arising from Texas state officials’ notification of him that he would have to register as a sex offender under Texas law, and remanding with … More August 24, 2023, opinions
Designated for publication per curiam (Smith, Higginson, Willett), attorney discipline Affirming three-judge district court panel’s decision imposing a 12-month suspension from practice in front of that court after substance-abuse-related inappropriate courtroom behavior and failures to show up for clients’ sentencing hearings. The Court rejected the attorney’s argument that only the presiding judge can impose sanctions … More August 11-14, 2023, opinions
Designated for publication Higginson, J. (Richman, King, Higginson), criminal, sentencing, Speedy Trial Act Affirming convictions and 540-month sentence for armed robberies of cell phone stores. The Court held that there was no Speedy Trial Act violation where the defendant’s counsel sought a continuance on the indictment past the Act’s 30-day deadline, holding that the Government … More May 11-16, 2023, opinions
Unpublished per curiam (Higginbotham, Graves, Ho), criminal, First Step Act Affirming denial of motion for sentence reduction under the First Step Act. per curiam (Higginbotham, Duncan, Engelhardt), class action Vacating certification of class in suit against Louisiana Department of Health and related officials regarding alleged violation of required services under Medicaid’s Early and Periodic Screening, … More January 20-23, 2023, opinions
Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J. (joined by Richman, C.J.), concurring in judgment only; Ho, J. (joined by Richman, Southwick, JJ.), concurring in part … More January 3-6, 2023, opinions
Playing catch-up from traveling and holidays, so the “designated for publication” summaries will be briefer than usual, but feel free, as always, to click through to the opinions that may interest you. Designated for publication Smith, J. (Smith, Barksdale, Haynes), criminal Vacating conviction for failure to register as a sex offender on basis that guilty … More November 16-23, 2022, opinions
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
