Tag: habeas corpus

April 27, 2023, opinions

April 28, 2023

Designated for publication per curiam (Higginbotham, Jones, Oldham), preemption, personal torts Affirming summary judgment dismissal of intentional infliction of emotional distress claims, but reversing 12(b)(6) dismissal of negligent supervision and invasion of privacy claims, and remanding for further proceedings, on plaintiff’s claims against employer that supervisor denied him a bathroom break in his warehouse job … More April 27, 2023, opinions

April 26, 2023, opinions

April 27, 2023

Unpublished per curiam (Barksdale, Higginson, Ho), criminal, guilty plea Affirming denial of motion to withdraw guilty plea to using, carrying, brandishing, and discharging of a firearm during and in relation to a crime of violence resulting in death, which resulted in 480-month sentence. per curiam (Elrod, Ho, Wilson), trademark infringement Affirming summary judgment dismissal of … More April 26, 2023, opinions

April 17, 2023, opinions

April 18, 2023

Designated for publication Higginbotham, J. (Higginbotham, Southwick, Higginson), bankruptcy Affirming district court’s affirmance of bankruptcy court’s order approving credit-bid sale of hotel property to debtor’s parent company and discharge of all liens, holding that the lender was a good faith purchaser. Elrod, J. (Wiener, Elrod, Engelhardt), criminal, guilty plea, restitution Affirming $75,000 restitution award as … More April 17, 2023, opinions

April 13, 2023, opinions

April 14, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Engelhardt), personal torts, Batson violation Affirming denial of new trial or remittitur motion brought by plaintiff in trucker-collision case where jury found in favor of plaintiff but only awarded $37,500. The Court held that the defense counsel’s closing argument comments that allegedly alluded to the plaintiff’s counsel’s marketing … More April 13, 2023, opinions

April 6-12, 2023, opinions

April 13, 2023

Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions

March 27, 2023, opinions

March 28, 2023

Designated for publication Engelhardt, J. (Richman, Ho, Engelhardt), National Environmental Policy Act, sovereign immunity Affirming summary judgment in favor of Corps of Engineers on plaintiffs’ claims that Corps should be compelled to prepare a supplemental environmental impact statement pursuant to NEPA to increase usage of the Bonnet Carre Spillway, which summary judgment dismissed claims on … More March 27, 2023, opinions

March 21, 2023, opinions

March 22, 2023

Designated for publication Smith, J. (Smith, Barksdale, Haynes), qualified immunity, Equal Protection, municipal liability Reversing dismissal of plaintiffs’ excessive force, denial of medical care, and unlawful arrest claims arising from fatal shooting during routine traffic stop; affirming dismissal of remaining claims for unlawful arrest and detention and racial discrimination; and denying as moot motion to … More March 21, 2023, opinions

March 17, 2023, opinions

March 20, 2023

Designated for publication Richman, C.J. (Richman, Southwick, Willett), Americans with Disabilities Act Vacating in part and affirming in part summary judgment in favor of Methodist Hospitals on EEOC’s claims that Methodist violated the ADA, vacating summary judgment on claim that Methodist’s most-qualified-applicant policy violated the ADA when it refused to reassign a disabled applicant to … More March 17, 2023, opinions

March 16, 2023, opinions

March 17, 2023

Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., dissenting; qualified immunity Reversing a denial of qualified immunity summary judgment dismissing § 1983 claims against school officials by mother of disabled public-school student who had been sexually assaulted by another student with known violent tendencies, whose teacher allowed the assaulted student and the aggressor … More March 16, 2023, opinions

March 15, 2023, opinions

March 16, 2023

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