Designated for publication Graves, J. (Graves, Engelhardt, Oldham), breach of fiduciary duty Affirming dismissal of breach of fiduciary duty claims brought in a shareholder derivative suit by company’s shareholders against company’s directors. The Court held that shareholders must either make a litigation demand to the board or show demand futility by demonstrating that at least … More May 13, 2025, opinions
Designated for publication Clement, J. (Clement, Engelhardt, Wilson), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Reversing the denial of Southwest’s motion for judgment as a matter of law on employee’s belief-based Title VII claim and RLA retaliation claim and remanding with instructions for the district court to enter judgment for Southwest; affirming … More May 8-9, 2025, opinions
Unpublished opinions per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming 20-month sentence on revocation of supervised release. per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming conviction and 52-month sentence for conspiracy to possess heroin with intent to distribute, possession of a firearm in furtherance of a drug-trafficking crime, maintaining a drug-involved premises, possession of methamphetamine … More May 7, 2025, opinions
Unpublished opinions Richman, J. (King, Richman, Higginson), insurance Affirming summary judgment in favor of insurer on its declaratory judgment claim regarding exclusion from coverage. per curiam (Smith, Graves, Duncan), Title VII, employment discrimination Affirming summary judgment in favor of university employer on race discrimination claims. per curiam (Davis, Smith, Higginson), insurance Affirming summary judgment in … More May 1, 2025, opinions
Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentence reduction Vacating denial of motion for sentence reduction, and remanding for reconsideration. per curiam (Smith, Graves, Duncan), breach of contract, trade secrets Affirming summary judgment and evidentiary rulings in favor of defendant in breach of contract and trade-secret-misappropriation claims. per curiam (Smith, Stewart, Duncan), criminal Affirming … More April 30, 2025, opinions
Opinions designated for publication Clement, J. (Stewart, Clement, Willett), arbitration Affirming district court’s order granting defendant’s motion to confirm arbitration award and denying plaintiff’s motion to vacate arbitration award, regarding payment of “stand-by costs” under contract for construction of natural gas pipeline. Unpublished opinions per curiam (Graves, Willett, Wilson), prisoner suit Affirming dismissal as frivolous … More April 28, 2025, opinions
Designated for publication per curiam (Smith, Clement, Duncan), social security Affirming award of disability benefits, rejecting argument that plaintiff was entitled to benefits from an earlier date. Ramirez, J. (Richman, Graves, Ramirez), labor law, jurisdiction Dismissing for lack of subject-matter jurisdiction appeal of “effective denial” of company’s challenge and motion for injunctive relief from allegedly … More March 5-6, 2025, opinions
Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Elrod, Ho, JJ.); Oldham, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Duncan, Engelhardt, Wilson, JJ.); Ho, J., dissenting from denial … More February 26, 2025, opinions
Designated for publication Engelhardt, J. (Ho, Engelhardt, Douglas), Douglas, J., dissenting in part; qualified immunity Affirming district court’s denial of qualified immunity on excessive force claim, but reversing denial of qualified immunity on unreasonable search claim, and remanding for further proceedings on claims arising from shooting death of homeowner by officers who had not announced … More February 25, 2025, opinions
Unpublished per curiam (Elrod, Haynes, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jolly, Jones, Willett), Willett, J., concurring in judgment only; breach of contract, antitrust, recusal, diversity jurisdiction Dismissing as frivolous appeal from judgment denying motion to remand and judgment dismissing breach of contract and antitrust claims, among other claims, … More February 24, 2025, opinions
