Designated for publication Elrod, C.J. (Elrod, Higginbotham, Southwick), toxic torts, expert witness Affirming exclusion of plaintiff’s expert testimony in Deepwater Horizon-cleanup-related toxic tort action, and affirming summary judgment for defendant, but clarifying Circuit’s requirements for causation proof in an expert report. Under Daubert and Rule 702, expert testimony is admissible if it is both relevant … More May 12, 2025, opinions
Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions
Designated for publication Wilson, J. (Southwick, Engelhardt, Wilson), criminal, First Step Act, habeas corpus Affirming denial of sentence reduction under the First Step Act in defendants’ successive § 2255 petition. The Court held that § 403 of the First Step Act was not applicable to reduce the mandatory minimum sentence where the initial sentence had … More February 2, 2024, opinions
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
Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), product liability, expert witness, jury instructions Affirming judgment and damages award against Honda in strict liability and negligence defective design and product liability claims arising from side-impact car accident, rejecting arguments that district court erred in denying motion to exclude liability experts, denying motion for new trial … More November 7-8, 2023, opinions
Designated for publication Elrod, J. (Stewart, Elrod, Graves), qualified immunity, expert testimony, First Amendment Affirming in part and reversing in part qualified immunity dismissal of plaintiff’s claims arising from arrest for making a false report of a hostage situation. The Court first held that the district court did not abuse its discretion in excluding the … More November 2, 2023, opinions
Designated for publication Smith, J. (Smith, Southwick, Higginson), criminal, expert witness Affirming conviction of sex trafficking of a child, upholding introduction of evidence pulled from defendant’s cell phone using Cellebrite technology without the investigator through whose testimony the evidence was submitted being first qualified as an expert witness. The Court rejected the defendant’s argument that … More October 13, 2023, opinions
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
Designated for publication Higginson, J. (Higginbotham, Southwick, Higginson), insurance Affirming in part and reversing in part summary judgment in favor of insurers on claim for defense and indemnification under CGL and umbrella policies for an underlying suit against the insured alleging contamination from the plaintiff’s auto salvage and vehicle wash properties. The Court held that … More July 28-31, 2023, opinions
