Tag: environmental law

September 1, 2026, opinions

September 2, 2026

Designated for publication per curiam (King, Smith, Ramirez) (oral argument), criminal, restitution Affirming restitution award on misdemeanor depravation of rights conviction. Luis Enrique Padilla, the former chief of the Sunset Police Department in Sunset, Louisiana, used excessive force against a handcuffed individual, R.A., during a hit-and-run investigation in December 2023. Padilla “warned ‘let me show … More September 1, 2026, opinions

August 24, 2026, opinions

August 25, 2026

Designated for publication per curiam (Elrod, Richman, Willett), Willett, J., dissenting (no oral argument); qualified immunity, municipal liability Affirming the district court’s dismissal of all claims—both the individual-capacity claims on qualified immunity grounds and the Monell claim for failure to plausibly allege an official policy or custom. On August 29, 2020, Tara Fogleman-Laxey staged a … More August 24, 2026, opinions

June 5-7, 2024, opinions

June 10, 2024

Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions

November 3, 2021, opinions

November 4, 2021

Designated for publication Stevens v. St. Tammany Parish Government, 20-30644, appeal from E.D. La. Higginson, J. (King, Higginson, Wilson), environmental law, res judicata Affirming dismissal of state-law claims arising from sewage and stormwater drainage across plaintiffs’ properties on res judicata grounds, and affirming dismissal of Clean Water Act claims for failure to state a claim. … More November 3, 2021, opinions

Take the Fifth: April 30, 2021 opinions

May 1, 2021

Designated for publication Douglas v. Nippon Yusen Kabushiki Kaisha, 20-30379, appeal from E.D. La. per curiam (King, Elrod, Willett), Elrod, J., specially concurring, joined by WIllett, J.; personal jurisdiction Affirming dismissal of two lawsuits against Japanese company that chartered boat that collided with U.S. Navy vessel in Japanese territorial waters, killing seven sailors and injuring … More Take the Fifth: April 30, 2021 opinions

Take the Fifth: March 24 & 25, 2021 opinions

March 29, 2021

Designated for publication National Parks Conservation Association v. U.S. Environmental Protection Agency, 17-60828, petition for review of EPA Rules per curiam (Davis, Stewart, Dennis), administrative law, environmental law, venue Denying motion to reconsider denial of motion by power company intervenors to confirm venue of review action in the Fifth Circuit rather than transfer venue of … More Take the Fifth: March 24 & 25, 2021 opinions

Take the Fifth: March 10, 2021 opinions

March 11, 2021

Designated for publication Hall CA-NV, LLC v. One Republic National Title Insurance Co., 20-10268, appeal from N.D. Tex. Ho, J. (Clement, Ho, Duncan), breach of contract, insurance Affirming dismissal of plaintiff’s suit for coverage for prior mechanic’s liens under title insurance policy, on basis that plaintiff had agreed to removal of such coverage. Judge Ho … More Take the Fifth: March 10, 2021 opinions