Tag: criminal

December 3, 2024, opinions

December 4, 2024

Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Graves, Willett), Title VII Affirming summary judgment dismissal of sex discrimination Title VII claim. per curiam (Stewart, Haynes, Higginson), criminal, compassionate release Dismissing as frivolous appeal from denial of motion for compassionate release. per curiam (Jolly, Jones, … More December 3, 2024, opinions

December 2, 2024, opinions

December 3, 2024

Unpublished per curiam (Ho, Engelhardt, Douglas), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Southwick, Engelhardt), criminal, guilty plea Affirming guilty plea conviction of conspiracy to receive firearms while being illegally or unlawfully present in the … More December 2, 2024, opinions

November 27, 2024, opinions

December 2, 2024

Designated for publication Duncan, J. (Willett, Duncan, Ramirez), Ramirez, J., dissenting; sovereign immunity, Administrative Procedure Act, intergovernmental immunity, Immigration and Nationality Act, trespass Reversing district court’s denial of preliminary injunction, and granting injunction to enjoin Border Patrol “from damaging, destroying, or otherwise interfering with Texas’s [concertina]-wire fence in the vicinity of Eagle Pass, Texas, as … More November 27, 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 18-19, 2024, opinions

November 20, 2024

Designated for publication Jones, J. (Jones, Willett, Engelhardt), standing, Equal Protection Vacating district court order compelling state legislator defendants to produce discovery responses in suit brought by members of municipal airport authority to enjoin enforcement of law abolishing the airport authority and creating a new metropolitan airport authority with fewer members appointed by the Jackson … More November 18-19, 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 12-14, 2024, opinions

November 15, 2024

Designated for publication per curiam (Higginbotham, Southwick, Higginson), Higginbotham, J., concurring; taking On remand from the U.S. Supreme Court, withdrawing previous order remanding to the district court with instructions to return litigation to the state court and instead remanding to the district court to decide whether to return the litigation to state court. Judge Higginbotham … More November 12-14, 2024, opinions

November 12, 2024, opinions

November 13, 2024

Unpublished per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming sentence incorporating career offender enhancement on conviction of possession with intent to distribute 50 grams or more of methamphetamine, and possession with intent to distribute fentanyl.