Tag: criminal

November 21, 2023, opinions

November 22, 2023

Unpublished per curiam (Jolly, Engelhardt, Douglas), criminal, search and seizure Affirming conviction of bank robbery and brandishing a firearm during a crime of violence, upholding denial of motion to suppress. per curiam (Wiener, Willett, Douglas), prisoner suit, municipal liability Affirming dismissal of pretrial detainee’s Monell claim arising from conditions during her pretrial detention. per curiam … More November 21, 2023, opinions

November 20, 2023, opinions

November 21, 2023

Designated for publication Higginson, J. (Smith, Higginson, Engelhardt), social security, jurisdiction Affirming the district court’s decision that it did not have jurisdiction over the plaintiff’s claims arising from withholding of benefits. The Court held that it could not have general federal question jurisdiction over claims arising from the Social Security Act, and that the limited … More November 20, 2023, opinions

November 17, 2023, opinions

November 20, 2023

Designated for publication Clement, J. (Clement, Haynes, Oldham), Haynes, J., dissenting; qualified immunity Reversing denial of qualified immunity for officer defendant arising from fatal shooting of suspect armed with a handgun equipped with a high-capacity ammunition extension, and rendering judgment dismissing excessive force claims brought by suspect’s survivors. The Court held, “We therefore conclude that, … More November 17, 2023, opinions

November 16, 2023, opinions

November 20, 2023

Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal tort Affirming dismissal of claims by plaintiffs who suffer from chronic Lyme disease against peer-reviewed medical journal arising from article published regarding new proposed treatment of Lyme disease; plaintiffs alleged that the article cast doubt on how to treat chronic Lyme disease and even whether the … More November 16, 2023, opinions

November 15, 2023, opinions

November 16, 2023

Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, sentencing Affirming convictions for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, as well as the 60-month sentence imposed on her resulting from these convictions and incorporating an upward variance based on the defendant’s knowledge of the danger … More November 15, 2023, opinions

November 14, 2023, opinions

November 15, 2023

Designated for publication Smith, J. (Smith, Southwick, Higginson), labor law Granting petition for review of NLRB order ruling that Tesla infringed on employees’ rights to unionize when it required employees to wear specific Tesla uniforms and prohibited employees from wearing union-insignia t-shirts instead (though the policy allowed employees to wear as many union stickers on … More November 14, 2023, opinions

November 13, 2023, opinions

November 14, 2023

Designated for publication Smith, J. (King, Smith, Elrod), First Amendment Affirming in part and reversing in part district court’s dismissal of attorney’s First Amendment forced-speech and forced-association claims against state bar association and denial of preliminary injunction; remanding; and rendering injunction with respect to plaintiff only, holding that some of the LSBA’s activities are still … More November 13, 2023, opinions

November 9-10, 2023, opinions

November 13, 2023

Designated for publication Southwick, J. (King, Elrod, Southwick), Voting Rights Act Vacating district court’s preliminary injunction to enjoin Louisiana legislature’s 2022 congressional redistricting maps on the basis that the failure to create a second majority-Black district violated section 2 of the Voting Rights Act, and remanding for further proceedings to allow the legislature until January … More November 9-10, 2023, opinions

November 7-8, 2023, opinions

November 9, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), product liability, expert witness, jury instructions Affirming judgment and damages award against Honda in strict liability and negligence defective design and product liability claims arising from side-impact car accident, rejecting arguments that district court erred in denying motion to exclude liability experts, denying motion for new trial … More November 7-8, 2023, opinions

November 6, 2023, opinions

November 7, 2023

Unpublished per curiam (Wiener, Willett, Douglas), criminal, sentencing Affirming 110-month sentence on conviction of possession of a firearm by a felon in connection with a drug trafficking offense. per curiam (Willett, Duncan, Douglas), criminal, sentencing Affirming sentence on conviction of conspiracy to possess with intent to distribute cocaine; possession of cocaine with intent to distribute … More November 6, 2023, opinions