Designated for publication Douglas, J. (Wilson, Douglas, Vitter, by designation), tax Reversing district court judgment in favor of plaintiff tire retailer and against IRS on question of liability for excise tax, holding that, “[w]hen a party orders taxable articles to be shipped to the United States for resale and is otherwise uninvolved in the importation … More October 8, 2024, opinions
Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wilson, Douglas, Vitter, by designation), employment discrimination, Age Discrimination in Employment Act Affirming summary judgment dismissing ADEA and employment discrimination claims. per curiam (Wiener, Ho, Ramirez), criminal Affirming conviction of being a felon in possession of a firearm. … More October 7, 2024, opinions
Designated for publication per curiam (Higginbotham, Southwick, Higginson), taking, federal question jurisdiction On remand from the U.S. Supreme Court, remanding to district court with instructions to remand to state court the plaintiffs’ taking claims against Texas. Willett, J. (Willett, Wilson, Ramirez), Ramirez, J., concurring; First Amendment Reversing summary judgment in favor of the State of … More September 25-27, 2024, opinions
Designated for publication Jones, J. (Jones, Smith, Ho), copyright, trademark infringement Affirming summary judgment in favor of defendant, a children’s art teaching company, and against plaintiff artist, holding that fair use doctrine protected defendant’s use of plaintiff’s art works; and holding that district court’s summary judgment on trademark infringement claim where motion for summary judgment … More September 18-19, 2024, opinions
Designated for publication per curiam (Jones, Ho, Wilson), Ho, J., concurring; criminal, sentencing On remand from the U.S. Supreme Court, affirming defendant’s conviction of being in possession of a firearm while subject to a domestic violence restraining order; and affirming sentence of 73 months to run consecutively with any state court sentence on pending charges. … More September 10-12, 2024, opinions
Designated for publication Jones, J. (King, Jones, Oldham), criminal, sentencing Affirming district court’s determination that federal sentence for possession of a firearm by a felon would run consecutively with state-court sentence and that defendant would not get 43 months’ credit for time spent serving sentence on state conviction. per curiam (Haynes, Willett, Oldham), Haynes, J., … More September 9, 2024, opinions
Unpublished per curiam (King, Stewart, Higginson), criminal Affirming conviction of wire fraud. per curiam (Jolly, Graves, Oldham), criminal, sentencing Affirming denial of motion for sentence reduction. per curiam (Jones, Willett, Engelhardt), foreclosure Affirming summary judgment dismissal of claims arising from mortgage servicing. per curiam (Jolly, Graves, Oldham), criminal, sufficiency of evidence Affirming conviction of possession … More September 5, 2024, opinions
Designated for publication Graves, J. (Barksdale, Southwick, Graves), Fair Labor Standards Act Affirming summary judgment dismissing plaintiffs’ FLSA overtime claims on the basis that each employee is a “bona fide executive” exempt from FLSA’s overtime provisions. Elrod, J. (Higginbotham, Smith, Elrod), evidence Affirming summary judgment for defendant trustees on claims brought by plaintiff beneficiaries of … More September 4, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), securities fraud Denying second petition for en banc rehearing, no active-duty judge having requested a poll, and re-issuing mandate. The Court held that the district court judge’s finding of unclean hands, such that no setoff was awarded, rather than the unclean-hands issue going to the jury, was … More August 26-27, 2024, opinions
Designated for publication Stewart, J. (Higginbotham, Stewart, Higginson), criminal, equitable tolling, sufficiency of evidence, witness testimony Vacating conviction of making false statements on the basis that equitable tolling of the statute of limitations was unavailable; but affirming convictions of conspiracy to defraud the United States and falsification of records in a federal investigation, rejecting sufficiency … More August 22, 2024, opinions
