Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions
Designated for publication Willett, J. (Dennis, Willett, Duncan), Duncan, J., concurring; removal, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from waiver-based remand order. “Edward Festeryga, an attorney embroiled in a dispute with his former law firm, wants this case heard in federal court and contends we have appellate jurisdiction over the district court’s … More July 25, 2024, opinions
Designated for publication Dennis, J. (Dennis, Southwick, Ho), criminal, search and seizure Affirming conviction of defendant for transporting undocumented aliens, upholding denial of motion to suppress that was brought on the basis that the alert of a Border Patrol canine was insufficient reasonable suspicion to extend the stop and probable cause to search because the … More May 16-17, 2024, opinions
Designated for publication Jolly, J. (Jolly, Smith, Haynes), Federal Tort Claims Act Reversing district court’s dismissal of former federal inmate’s FTCA claim arising from alleged assault by prison officials; rejecting premise that there may be a de minimis injury exception from tort liability; remanding for further proceedings. Dennis, J. (Dennis, Engelhardt, Oldham), Oldham, J., dubitante; … More April 24, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), receivership Granting petition for panel rehearing of original panel decision that affirmed the district court’s denial of motions for $79 million set-off from order allowing receiver to recover from an investor in Stanford Ponzi scheme, where panel had affirmed on basis that investor had failed to timely … More March 20, 2024, opinions
Designated for publication per curiam (Richman, Higginbotham, Elrod), unfair trade practices, improper argument Reversing judgment on jury verdict in favor of defendant in unfair trade practices claim, and remanding for further proceedings, on the basis that “the Defendants’ counsels’ closing argument irreparably prejudiced the fairness of the trial.” The Court held that “legitimate ‘oratory’ and … More March 8, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions
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
Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., concurring; Title IX, sec. 1983 Denying rehearing en banc, and withdrawing prior panel opinion and substituting new opinion, reversing denial of qualified immunity dismissal of sec. 1983 claim on state-created danger grounds, and remanding for proceedings of Title IX claims arising from sexual assault of … More July 14-18, 2023, opinions
Designated for publication Smith, J. (Jones, Smith, Graves), administrative law Granting petition for review of Federal Railroad Administration refusal to grant waiver of standard track-inspection regulations so BNSF could test new technology, vacating FRA’s refusal order, and remanding. Following successful waivers and tests of automated track inspection technology, the FRA denied a waiver-request for wider … More March 15, 2023, opinions
