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 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
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
Unpublished per curiam (Jones, Barksdale, Elrod), Elrod, J., concurring; criminal, sentencing, sufficiency of evidence Affirming convictions and sentences on drug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
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
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 Wilson, J. (Southwick, Engelhardt, Wilson), criminal, First Step Act, habeas corpus Affirming denial of sentence reduction under the First Step Act in defendants’ successive § 2255 petition. The Court held that § 403 of the First Step Act was not applicable to reduce the mandatory minimum sentence where the initial sentence had … More February 2, 2024, opinions
Designated for publication Douglas, J. (King, Willett, Douglas), bankruptcy Affirming bankruptcy court judgment dismissing affirmative defense based on pre-bankruptcy indemnity agreement, which had been asserted by defendant to bankruptcy liquidation trustee’s suit arising from misstatements made by defendant charged with helping raise funds for construction of debtor’s facility, on basis that the affirmative defense was barred … More January 30, 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 Jones, J. (joined by Richman, Smith, Stewart, Southwick, Haynes, Duncan, Engelhardt, Wilson, JJ.); Graves, J., dissenting (joined by Elrod, Higginson, Willett, Ho, Douglas, JJ.); Higginson, J., dissenting (joined by Elrod, Graves, Willett, Ho, Oldham, Douglas, JJ.); Willett, J., dissenting (joined by Elrod, Graves, Higginson, Ho, Douglas, JJ.); Ho, J., dissenting (joined by … More January 23, 2024, opinions
