Tag: criminal

July 3-5, 2025, opinions

July 7, 2025

Designation for publication Jones, J. (Jones, Oldham, Hendrix, by designation), Oldham, J., concurring; governmental immunity, collateral order doctrine Reversing denial of governmental immunity against police detective for investigation against and prosecution of personnel with a business neighboring the business of the detective’s employer in his moonlighting gig. This case concerns Detective Genaro Hernandez of the … More July 3-5, 2025, opinions

July 2, 2025, opinions

July 7, 2025

Designated for publication Graves, J. (Smith, Graves, Duncan), trademark infringement, Lanham Act Affirming summary judgment in defendants’ favor on Lanham Act trademark infringement claims. This case stems from a dispute among members of the 1990s R&B group Jade. Di Reed sued her former bandmates Joi Marshall and Tonya Harris, along with a new singer, Myracle … More July 2, 2025, opinions

July 1, 2025, opinions

July 2, 2025

Designated for publication Richman, J. (Wiener, Richman, Willett), Willett, J., dissenting; due process Affirming denial of preliminary injunction to plaintiff in plaintiff’s challenge to city ordinance regulating short-term lending. In this case, TitleMax of Texas challenged an amendment to a City of Dallas ordinance that expanded local regulation of short-term lending. The amendment extended prior … More July 1, 2025, opinions

June 30, 2025, opinions

July 1, 2025

Designated for publication Smith, J. (Smith, Graves, Duncan), Graves, J., concurring in part and in judgment; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon, holding that “disarming drug traffickers accords with the nation’s history and tradition of firearm regulation[.]” Judge Graves concurred in part and concurred in the judgment. “Based … More June 30, 2025, opinions

June 27, 2025, opinions

June 28, 2025

Designated for publication King, J. (King, Ho, Ramirez), Ho, J., concurring; qualified immunity Affirming denial of qualified immunity to officer defendant on claims of Fourth and Fourteenth Amendment violations from the taking of a child from her home during a child welfare investigation. The Fifth Circuit affirmed the district court’s denial of qualified immunity to … More June 27, 2025, opinions

June 26, 2025, opinions

June 27, 2025

Designated for publication Granting en banc rehearing of unpublished February 26, 2025, panel opinion (Barksdale, Southwick, Graves, per curiam) reversing denial of summary judgment dismissal of plaintiff’s implied-false-certification claim and remanding for dismissal of case. Higginson, J. (Davis, Higginson, Douglas), search and seizure, administrative law, standing Vacating summary judgment in favor of airplane part manufacturer … More June 26, 2025, opinions

June 25, 2025, opinions

June 26, 2025

Designated for publication Higginbotham, J. (Higginbotham, Willett, Ho), Ho, J., concurring; personal tort, statutory immunity “(1) Is an employee of a city of another state—working under an agreement for emergency assistance between that city and a Louisiana municipality—a ‘representative’ of the State of Louisiana or one of its political subdivisions within the meaning of La. … More June 25, 2025, opinions

June 24, 2025, opinions

June 25, 2025

Designated for publication Douglas, J. (Richman, Willett, Douglas), arbitration, Fair Labor Standards Act Affirming district court’s denial of motion compel arbitration on finding that defendant to plaintiff’s FLSA minimum-wage claim had waived its right to arbitrate. Dayana Garcia, a former server at Gloria’s restaurant chain, filed a Fair Labor Standards Act (FLSA) lawsuit alleging failure … More June 24, 2025, opinions

June 23, 2025, opinions

June 24, 2025

Designated for publication Elrod, C.J. (Elrod, Higginbotham, Southwick), prisoner suit Affirming partial summary judgment that inmate’s sec. 1983 claim was Heck-barred, and affirming denial of motion for leave to amend. Torriana Clark, an inmate at Rayburn Correctional Center in Louisiana, filed a § 1983 lawsuit alleging that Lt. Lance Wallace used excessive force against him … More June 23, 2025, opinions

June 20-21, 2025, opinions

June 22, 2025

Designated for publication Ramirez, J. (Dennis, Haynes, Ramirez), Dennis, J., concurring; First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in all public school classrooms. In June 2024, Louisiana enacted H.B. 71, mandating the display … More June 20-21, 2025, opinions