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
Unpublished per curiam (Wilson, Douglas, Vitter, by designation), criminal, sentencing Affirming 120-month sentence on conviction of being a felon in possession of a firearm. per curiam (Smith, Stewart, Duncan), bankruptcy Affirming judgment in favor of debtor on claims by former affiliates of breach of contracts governing the relationship with those affiliates. per curiam (Davis, Stewart, … More December 5, 2024, opinions
Unpublished per curiam (Graves, Willett, Wilson), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Smith, Stewart, Duncan), Americans with Disabilities Act, § 1983 Affirming dismissal of former nursing student’s ADA and § 1983 claims arising from student’s dismissal from academic program. per curiam (Haynes, Higginson, Douglas), criminal Affirming conviction for possessing … More December 4, 2024, opinions
Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt), breach of contract, employment, personal jurisdiction Affirming dismissal of Louisiana-resident employee’s breach-of-contract wage payment claim against Virginia-resident employer for lack of personal jurisdiction. “[Defendant] Pritchard contends the fiduciary shield doctrine precludes jurisdiction based on his purely corporate contacts with Louisiana. [Plaintiff] Savoie counters that the fiduciary shield … More November 21-25, 2024, opinions
Designated for publication per curiam (Higginbotham, Southwick, Higginson), Higginbotham, J., concurring; taking On remand from the U.S. Supreme Court, withdrawing previous order remanding to the district court with instructions to return litigation to the state court and instead remanding to the district court to decide whether to return the litigation to state court. Judge Higginbotham … More November 12-14, 2024, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions
Designated for publication Haynes, J. (Southwick, Haynes, Douglas), administrative law Reversing in part and affirming in part district court’s ruling on plaintiff healthcare providers’ and air-ambulance providers’ challenge to HHS rules regarding the No Surprises Act; reversing vacatur of rule regarding how to calculate “qualifying payment amount” under the NSA, affirming vacatur of deadline provision … More October 30, 2024, opinions
Unpublished per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming imposition of lifetime supervised release as part of sentence for revocation of supervised release. per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming 72-month sentence on conviction of possession of a firearm by a felon. per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and … More October 16, 2024, opinions
Designated for publication Southwick, J. (Dennis, Southwick, Engelhardt), criminal, sentencing Affirming 33-month sentence and conviction for possession of a firearm by a felon, holding that the district court acted appropriately in accepting the Sentencing Guidelines’ commentary defining “large capacity magazine” and that the underlying criminal statute is not unconstitutional; but vacating imposition of discretionary terms … More October 15, 2024, opinions
Designated for publication Duncan, J. (Southwick, Duncan, Kernodle, by designation), qualified immunity Reversing denial of qualified immunity summary judgment for defendant officers arising from arrest of plaintiff after plaintiff refused to identify himself or exit his car. Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, … More October 14, 2024, opinions
