Tag: employment discrimination

October 12, 2023, opinions

October 13, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), First Amendment Vacating preliminary injunction against enforcement of city ordinance regulating aspects of operations, including business hours, of sexually-oriented businesses, and remanding for further proceedings. The Court summarized, “Under longstanding Supreme Court precedent, the Ordinance is likely constitutional. The City’s evidence reasonably showed a link between SOBs’ … More October 12, 2023, opinions

October 10-11, 2023, decisions

October 13, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), spoliation, trade secrets Affirming spoliation sanction of default judgment and damages award against spoliating defendant in suit alleging misappropriation of proprietary software code. Higginson, J. (Smith, Higginson, Willett), takings Reversing judgment that city violated Takings Clause when it refused to compensate a homeowner for damage to her … More October 10-11, 2023, decisions

October 5, 2023, opinions

October 6, 2023

Designated for publication Oldham, J. (Willett, Engelhardt, Oldham), insurance, diversity jurisdiction Remanding appeal of summary judgment in favor of insurer regarding coverage for Covid-related shutdown of music festival, for purposes of determining the existence of diversity jurisdiction where the record did not adequately document the citizenship of LLC parties to the litigation. The Court noted … More October 5, 2023, opinions

October 2-3, 2023, opinions

October 4, 2023

Designated for publication Richman, C.J. (Richman, Wiener, Willett), criminal, Anti-Kickback Statute, sufficiency of evidence, Travel Act, Speedy Trial Act, Bruton violation, Court Reporter’s Act, jury instructions, prosecutorial conduct, sentencing, restitution The Court upheld the sufficiency of evidence to support the Anti-Kickback Statute convictions of six co-defendants, holding that the government need not prove defendants had … More October 2-3, 2023, opinions

September 25, 2023, opinions

September 26, 2023

Designated for publication per curiam (Smith, Southwick, Higginson), criminal, sentencing, Armed Career Criminal Act Affirming 190-month sentence on conviction of possession of a firearm by a felon, as enhanced for under the Armed Career Criminal Act. Teh Court rejected the defendant’s argument that the facts of the prior convictions for purposes of the ACCA enhancement … More September 25, 2023, opinions

September 18, 2023, opinions

September 19, 2023

Unpublished per curiam (Smith, Higginson, Engelhardt), Title VII, employment discrimination, Americans with Disabilities Act Affirming summary judgment dismissal of various employment discrimination claims. per curiam (Stewart, Southwick, Engelhardt), criminal, sentencing Affirming 96-month sentence on conviction of possession of a firearm by a felon. per curiam (Jolly, Engelhardt, Douglas), criminal Granting Anders motion to withdraw, and … More September 18, 2023, opinions

September 15, 2023, opinions

September 18, 2023

Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), Title VII, employment discrimination Reversing summary judgment dismissal of employee’s discrimination claims after he was fired for his refusal to cut his hair and beard in violation of his religious vow, in light of Groff v. DeJoy, 143 S. Ct. 2279 (2023). The Court held that the … More September 15, 2023, opinions

September 14, 2023, opinions

September 15, 2023

Designated for publication Jones, J. (Jones, Stewart, Duncan), criminal, jury instructions, sentencing Affirming conviction of illegal reentry and 105-month sentence, finding no error in jury instruction or impropriety in enhancement of sentence for obstruction of justice. After the defendant had presented evidence that he had been acting under duress due to threats by the drug-smuggling … More September 14, 2023, opinions

September 8-11, 2023, opinions

September 12, 2023

Designated for publication Higginson, J. (Smith, Southwick, Higginson), criminal, supervised release Affirming imposition of 15 “standard conditions” for terms of supervised release from district court’s Standing Order, where oral pronouncement included that the supervised release would be “subject to the standard conditions” but did not otherwise expressly articulate those conditions. Elrod, J. (Dennis, Elrod, Ho), … More September 8-11, 2023, opinions