Tag: employment discrimination

February 5-7, 2024, opinions

February 8, 2024

Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions

February 1, 2024, opinions

February 2, 2024

Designated for publication Southwick, J. (Stewart, Dennis, Southwick), Dennis, J., dissenting; qualified immunity Reversing denial of qualified immunity summary judgment on behalf of officers who attempted to execute a search warrant through a SWAT team, but on the wrong address (though the warrant itself showed the correct address), and remanding with instructions to dismiss. The … More February 1, 2024, opinions

January 31, 2024, opinions

February 1, 2024

Designated for publication Graves, J. (Graves, Higginson, Ho), Ho, J., would affirm (but no dissenting opinion filed); prisoner suit Reversing summary judgment in favor of prisoner officials on basis of failure to exhaust administrative remedies with regard to Texas state prisoner’s § 1983 suit alleging that prison officials failed to prevent his assault by another … More January 31, 2024, opinions

January 30, 2024, opinions

January 31, 2024

Designated for publication Douglas, J. (King, Willett, Douglas), bankruptcy Affirming bankruptcy court judgment dismissing affirmative defense based on pre-bankruptcy indemnity agreement, which had been asserted by defendant to bankruptcy liquidation trustee’s suit arising from misstatements made by defendant charged with helping raise funds for construction of debtor’s facility, on basis that the affirmative defense was barred … More January 30, 2024, opinions

January 29, 2024, opinions

January 30, 2024

Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal jurisdiction, international arbitration, maritime law Reversing district court’s confirmation of international arbitration award of $200 million arising from explosion of chemical tanks aboard plaintiff’s chartered vessel, holding that the loading of the chemical tanks on the vessel in the Port of New Orleans was insufficient to … More January 29, 2024, opinions

January 24-25, 2024, opinions

January 26, 2024

Designated for publication Graves, J. (Graves, Higginson, Ho), habeas corpus, ineffective assistance of counsel Reversing denial of § 2255 petition that asserted ineffective assistance of counsel on basis of trial attorney’s failure to consult with defendant regarding filing of appeal, and remanding for further proceedings. The Court held that it was unreasonable for his trial … More January 24-25, 2024, opinions

January 22, 2024, opinions

January 23, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Wilson), bankruptcy Reversing district court’s dismissal of preference action by secured creditor of debtor that had received the debtor’s rights in the preference action against the former CFO of debtor to avoid transfers of funds to the former CFO just prior to the debtor’s bankruptcy petition, and remanding … More January 22, 2024, opinions

January 9, 2024, opinions

January 10, 2024

Unpublished per curiam (Richman, Stewart, Scholer, by designation), Title VII, Family and Medical Leave Act, employment discrimination, sanctions, discovery Affirming summary judgment dismissal of Title VII, Rehabilitation Act, and FMLA discrimination claims against former employer, and discovery decisions and denial of motion for sanctions. per curiam (King, Haynes, Graves), criminal Affirming conviction on bank robbery … More January 9, 2024, opinions

January 8, 2024, opinions

January 9, 2024

Designated for publication Jones, J. (Jones, Stewart, Duncan), administrative law Reversing $6.5 million penalty judgment and vacating injunction issued after jury verdict in civil enforcement action brought by the CFTC against energy commodity trader under 17 CFR § 155.4(b)(2)(i), “a regulation that prevents commodities traders from ‘taking the other side of orders’ without clients’ consent.” … More January 8, 2024, opinions

January 5, 2024, opinions

January 8, 2024

Designated for publication per curiam (Jones, Stewart, Duncan); Duncan, J., concurring; Jones, J., concurring; qualified immunity Affirming denial of motion to dismiss on qualified immunity, regarding plaintiff’s claims against Department of Public Safety and Corrections official for over-detention. Plaintiff was detained in a Louisiana prison 41 days past the end of his 90-day sentence, because … More January 5, 2024, opinions