Tag: employment discrimination

April 9, 2024, opinions

April 10, 2024

Designated for publication Ramirez, J. (Richman, Oldham, Ramirez), immigration Vacating judgment denying preliminary injunctive relief to nonimmigrants challenging the delay in processing their I-485 applications for adjustment of status from employment-based visas to lawful permanent residents, and remanding with instructions to dismiss for lack of subject-matter jurisdiction. The Court held, under the Immigration and Naturalization … More April 9, 2024, opinions

April 5-8, 2024, opinions

April 9, 2024

Designated for publication per curiam (King, Ho, Engelhardt), criminal, search and seizure, Miranda rights Affirming conviction of possession with intent to distribute heroin, fentanyl, and cocaine, upholding denial of motion to suppress. The Court held that the record contained sufficient evidence of probable cause to conduct a warrantless search of the defendant’s vehicle, obviating the … More April 5-8, 2024, opinions

April 3, 2024, opinions

April 4, 2024

Designated for publication Willett, J. (Willett, Wilson, Ramirez), breach of contract Affirming summary judgment in favor of defendant on plaintiff’s breach of contract and fraud claims arising from alleged breach of supplier-exclusivity agreement between defendant and plaintiff’s predecessor-in-interest. The Court held that the plaintiff’s breach of contract claim was time-barred on its face, and that … More April 3, 2024, opinions

March 27-30, 2024, opinions

April 2, 2024

Unpublished per curiam (Jones, Southwick, Ho), prisoner suit Affirming dismissal of Texas state prisoner’s suit as frivolous. per curiam (Wiener, Stewart, Douglas), criminal, sentencing Affirming imposition of standard supervised release terms as part of sentence for conviction of kidnapping, carjacking, and transportation of a stolen vehicle in interstate commerce. per curiam (Jolly, Smith, Haynes), criminal … More March 27-30, 2024, opinions

March 11-12, 2024, opinions

March 13, 2024

Designated for publication Duncan, J. (Richman, Haynes, Duncan), Administrative Procedures Act, preemption, healthcare law Affirming in part and reversing in part district court’s judgment that Title X of the Public Health Service Act violates the plaintiff’s constitutional right to consent to the provision of contraceptive care to his minor daughters and that a regulation promulgated … More March 11-12, 2024, opinions

March 6, 2024, opinions

March 7, 2024

Designated for publication per curiam (Jones, Haynes, Douglas, JJ.), prisoner suit Granting stay pending appeal of remedial order regarding medical care and ADA compliance affecting state prisoners. Unpublished per curiam (King, Haynes, Graves), criminal, sentencing Affirming 60-month sentence on conviction of illegal reentry. per curiam (Jolly, Higginson, Duncan), criminal, compassionate release Affirming denial of motion … More March 6, 2024, opinions

March 5, 2024, opinions

March 6, 2024

Designated for publication Southwick, J. (Davis, Southwick, Ho), breach of contract Affirming summary judgment in favor of defendant on statute of frauds grounds, in claims arising from alleged breach of agreement to form limited liability company with defendant and plaintiff as co-owners rather than with defendant as sole owner. The Court held that the oral … More March 5, 2024, opinions

February 19-21, 2024, opinions

February 22, 2024

Designated for publication Jones, J. (Jones, Haynes, Douglas), criminal, sentencing, restitution Affirming convictions for healthcare fraud and receiving Medicare kickbacks, upholding the admission of recordings of the co-conspirators, the calculation of the amount of improper benefit for sentencing purposes, and the calculation of the restitution award. per curiam (voting against en banc rehearing: Stewart, Elrod, … More February 19-21, 2024, opinions

February 14-16, 2024, opinions

February 19, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions

February 9, 2024, opinions

February 12, 2024

Designated for publication Douglas, J. (Graves, Higginson, Douglas), Fair Labor Standards Act Granting petition for panel rehearing, and substituting new opinion in place of August 16, 2023, panel opinion that had affirmed the district court’s order certifying a collective action under the FLSA for a claim by the facility’s drug rehabilitation patients who were assigned … More February 9, 2024, opinions