Tag: employment discrimination

February 14, 2025, opinions

February 17, 2025

Unpublished per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Dennis, Ho, Oldham), First Amendment, Administrative Procedure Act, summary judgment Vacating summary judgment dismissal of plaintiff’s challenge to Department of Defense prepublication approval/review procedures for manuscripts authorized by employees and former employees with security clearances. Summary judgment had … More February 14, 2025, opinions

February 12, 2025, opinions

February 14, 2025

Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., dissenting; Eighth Amendment, Americans with Disabilities Act, appellate jurisdiction Dismissing state defendants’ appeal of judgment on liability on Eighth Amendment and ADA class claims on behalf of prisoners at the Louisiana State Penitentiary, and vacating stay of “Remedial Order” that contemplated further proceedings to determine … More February 12, 2025, opinions

February 11, 2025, opinions

February 12, 2025

Designated for publication per curiam (voting against rehearing: Jones, Smith, Richman, Southwick, Haynes, Willett, Duncan, Engelhardt, Wilson, JJ.; voting for rehearing: Stewart, Graves, Higginson, Douglas, Ramirez, JJ.; Elrod, Ho, Oldham, JJ., not participating in poll); Higginson, J., dissenting from denial of rehearing (joined by Stewart, Graves, Douglas, JJ.); sovereign immunity, contempt Denying rehearing en banc … More February 11, 2025, opinions

February 10, 2025, opinions

February 12, 2025

Designated for publication Wilson, J. (Elrod, Oldham, Wilson), First Amendment, standing Vacating district court’s order denying legislative privilege to defendant Parish councilmembers whose Resolution to terminate library board members for erecting Pride Month displays at libraries had been challenged by three of those members as viewpoint discrimination, holding that the plaintiffs did not have standing … More February 10, 2025, opinions

February 6, 2025, opinions

February 12, 2025

Designated for publication Higginson, J. (Davis, Higginson, Douglas), insurance Affirming summary judgment in favor of insurer on bad faith claims under Texas law. Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, search and seizure, Second Amendment Affirming constitutionality of conviction of possessing an unregistered suppressor in violation of the National Firearms Act, and upholding denial of motion … More February 6, 2025, opinions

January 28, 2025, opinions

January 29, 2025

Designated for publication per curiam (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Ho, Duncan, Oldham, JJ.), Ho, J., dissenting from denial of rehearing; Oldham, J. (joined by Jones, Smith, Duncan, JJ.), dissenting from denial of rehearing; prisoner suit, appellate jurisdiction, en … More January 28, 2025, opinions

January 27, 2025, opinions

January 29, 2025

Designated for publication Clement, J. (Clement, Graves, Ramirez), international arbitration Reversing district court’s denial of motion to compel arbitration in international arbitral forum, and remanding for further proceedings. Also, granting in part and denying in part motion to strike reply brief. The Court held that, although arbitral forum designated in parties’ contract had been abolished, … More January 27, 2025, opinions

January 8, 2025, opinions

January 9, 2025

Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming dismissal for lack of jurisdiction over movant’s motion for compassionate release, on basis that the compassionate-release statute does not apply to sentences imposed by the Uniform Code of Military Justice, such that district courts are not empowered to grant compassionate release … More January 8, 2025, opinions

January 6, 2025, opinions

January 7, 2025

Designated for publication Clement, J. (Smith, Clement, Higginson), breach of contract On breach of contract claim arising from the extension of a lease over a whole tract, rather than a portion, by a bank that managed co-lessor’s interest in a mineral interests on the tract, affirming district court’s judgment that the lease calculated royalty on … More January 6, 2025, opinions

January 2-5, 2025, opinions

January 6, 2025

Designated for publication per curiam (Voting AGAINST en banc rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, JJ.; voting FOR en banc rehearing: Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); qualified immunity Denying en banc rehearing of September 10, 2024, panel opinion (Douglas, J., joined by Wiener, J.; Smith, J., dissenting) … More January 2-5, 2025, opinions