Tag: immigration

March 18, 2024, opinions

March 19, 2024

Designated for publication Higginson, J. (Smith, Southwick, Higginson), insurance Reversing district court’s judgment denying declaratory relief to insurer that argued that the Louisiana Oilfield Anti-Indemnity Act invalidated coverage for contracts by insured to engage in “drill-and-blast” salt mining, under the Act’s applicability to activities comprising “drilling for minerals.” District court had not reached that question, … More March 18, 2024, opinions

March 15, 2024, opinions

March 18, 2024

Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions

March 11-12, 2024, opinions

March 13, 2024

Designated for publication Duncan, J. (Richman, Haynes, Duncan), Administrative Procedures Act, preemption, healthcare law Affirming in part and reversing in part district court’s judgment that Title X of the Public Health Service Act violates the plaintiff’s constitutional right to consent to the provision of contraceptive care to his minor daughters and that a regulation promulgated … More March 11-12, 2024, opinions

March 8, 2024, opinions

March 11, 2024

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

March 7, 2024, opinions

March 8, 2024

Designated for publication Stewart, J. (Jones, Stewart, Duncan), labor law Denying in part and granting in part petition for review of NLRB decision that the petitioner’s RN Case Managers are not NLRA-exempt supervisors and that the petitioner violated the NLRA by creating an impermissible oral workplace rule, threatening employees who exercised protected activity, interrogating staff … More March 7, 2024, opinions

March 4, 2024, opinions

March 5, 2024

Designated for publication per curiam (Jones, Dennis, Douglas), immigration Denying Honduran citizen’s petition for review of BIA order denying motion to reopen removal proceedings for adjustment of status based on marriage to U.S. citizen. The Court held that the petitioner was never previously validly admitted to the U.S. as a nonimmigrant because, while he had … More March 4, 2024, opinions

February 28, 2024, opinions

February 29, 2024

Unpublished per curiam (Jones, Barksdale, Elrod), Elrod, J., concurring; criminal, sentencing, sufficiency of evidence Affirming convictions and sentences on drug trafficking-related charges related to sales of drugs by defendants in one of the defendants’ nightclubs. Judge Elrod concurred, opining that, while the admission of certain testimony and a redacted statement were harmless error, they “nevertheless … More February 28, 2024, opinions

February 23, 2024, opinions

February 26, 2024

Designated for publication Southwick, J. (Smith, Southwick, Higginson), removal, jurisdiction, personal jurisdiction Affirming dismissal of two non-diverse defendants as improperly joined and denial of remand, and affirming dismissal of out-of-state defendants for lack of personal jurisdiction, in action arising from injuries suffered during crash of single-engine airplane piloted by the plaintiff. The crash occurred in … More February 23, 2024, opinions

February 14-16, 2024, opinions

February 19, 2024

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