Tag: immigration

May 5, 2025, opinions

May 6, 2025

Designated for publication Douglas, J. (Smith, Higginson, Douglas), settlement agreement, jurisdiction In appeal from district court’s ruling on severed motions to enforce settlement agreements by parties in dispute arising from partnership agreement, remanding to district court to determine parties’ citizenship for purposes of diversity jurisdiction. The Court rejected party citizenship allegations supported merely “on information … More May 5, 2025, opinions

April 23, 2025, opinions; plus a couple PSAs

April 24, 2025

First, a return to the daily summaries of U.S. Fifth Circuit opinions; then, an explanation for the six-week pause in the daily summaries and a couple public service announcements: Unpublished opinions per curiam (King, Jones, Oldham), bankruptcy Affirming dismissal of putative creditor’s adversary claim challenging bankruptcy court’s discharge of debtor’s debts. per curiam (Smith, Stewart, … More April 23, 2025, opinions; plus a couple PSAs

March 10, 2025, opinions

March 11, 2025

Designated for publication per curiam (Elrod, Oldham, Wilson), Fair Housing Act, Rule 60(b), notice of appeal Affirming denial of landlord defendant’s Rule 60(b) motion after summary judgment for plaintiff tenant on claims of disability discrimination and retaliation under the Fair Housing Act, finding no abuse of discretion. The Court held that the original summary judgment, … More March 10, 2025, opinions

March 5-6, 2025, opinions

March 10, 2025

Designated for publication per curiam (Smith, Clement, Duncan), social security Affirming award of disability benefits, rejecting argument that plaintiff was entitled to benefits from an earlier date. Ramirez, J. (Richman, Graves, Ramirez), labor law, jurisdiction Dismissing for lack of subject-matter jurisdiction appeal of “effective denial” of company’s challenge and motion for injunctive relief from allegedly … More March 5-6, 2025, opinions

February 21, 2025, opinions

February 24, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Higginbotham, Jones, Oldham), personal tort Affirming dismissal of IIED claims. per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Dennis, Ho, Oldham), civil rights Affirming denial of motion to … More February 21, 2025, opinions

February 19, 2025, opinions

February 24, 2025

Unpublished per curiam (Wiener, Higginson, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jolly, Graves, Oldham), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (King, Southwick, Engelhardt), criminal Affirming conviction of possession of a firearm by a felon. per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming 275-month … More February 19, 2025, opinions

February 13, 2025, opinions

February 14, 2025

Designated for publication per curiam (Davis, Smith, Higginson), jurisdiction, settlement agreement, foreclosure Affirming district court’s judgment that it lacked ancillary jurisdiction to enforce a settlement agreement where the parties had filed an unconditional Rule 41(a)(1)(A)(ii) stipulation of dismissal without a concurrent court order incorporating the agreement terms or expressly retaining jurisdiction over the agreement. Barksdale, … More February 13, 2025, opinions

February 12, 2025, opinions

February 14, 2025

Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., dissenting; Eighth Amendment, Americans with Disabilities Act, appellate jurisdiction Dismissing state defendants’ appeal of judgment on liability on Eighth Amendment and ADA class claims on behalf of prisoners at the Louisiana State Penitentiary, and vacating stay of “Remedial Order” that contemplated further proceedings to determine … More February 12, 2025, opinions

February 11, 2025, opinions

February 12, 2025

Designated for publication per curiam (voting against rehearing: Jones, Smith, Richman, Southwick, Haynes, Willett, Duncan, Engelhardt, Wilson, JJ.; voting for rehearing: Stewart, Graves, Higginson, Douglas, Ramirez, JJ.; Elrod, Ho, Oldham, JJ., not participating in poll); Higginson, J., dissenting from denial of rehearing (joined by Stewart, Graves, Douglas, JJ.); sovereign immunity, contempt Denying rehearing en banc … More February 11, 2025, opinions

February 10, 2025, opinions

February 12, 2025

Designated for publication Wilson, J. (Elrod, Oldham, Wilson), First Amendment, standing Vacating district court’s order denying legislative privilege to defendant Parish councilmembers whose Resolution to terminate library board members for erecting Pride Month displays at libraries had been challenged by three of those members as viewpoint discrimination, holding that the plaintiffs did not have standing … More February 10, 2025, opinions