Designated for publication Elrod, J. (Dennis, Elrod, Ho), Dennis, J., dissenting; mineral law Certifying to Louisiana Supreme Court question of whether Louisiana’s negotiorum gestio doctrine applies to Louisiana mineral law regarding the deduction of post-production costs from an unleased mineral-interest owner’s pro rata share of unit production. The same question was previously certified in Self … More November 27, 2023, opinions
Designated for publication Higginson, J. (Smith, Higginson, Engelhardt), social security, jurisdiction Affirming the district court’s decision that it did not have jurisdiction over the plaintiff’s claims arising from withholding of benefits. The Court held that it could not have general federal question jurisdiction over claims arising from the Social Security Act, and that the limited … More November 20, 2023, opinions
Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal tort Affirming dismissal of claims by plaintiffs who suffer from chronic Lyme disease against peer-reviewed medical journal arising from article published regarding new proposed treatment of Lyme disease; plaintiffs alleged that the article cast doubt on how to treat chronic Lyme disease and even whether the … More November 16, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), product liability, expert witness, jury instructions Affirming judgment and damages award against Honda in strict liability and negligence defective design and product liability claims arising from side-impact car accident, rejecting arguments that district court erred in denying motion to exclude liability experts, denying motion for new trial … More November 7-8, 2023, opinions
Unpublished per curiam (Wiener, Willett, Douglas), criminal, sentencing Affirming 110-month sentence on conviction of possession of a firearm by a felon in connection with a drug trafficking offense. per curiam (Willett, Duncan, Douglas), criminal, sentencing Affirming sentence on conviction of conspiracy to possess with intent to distribute cocaine; possession of cocaine with intent to distribute … More November 6, 2023, opinions
Unpublished per curiam (Jones, Southwick, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Higginson, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Willett, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Willett, Duncan, Wilson), criminal, compassionate release Affirming denial of motion … More November 1, 2023, opinions
Designated for publication Higginson, J. (Smith, Higginson, Willett), habeas corpus Affirming denial of § 2254 petition challenging the sufficiency of evidence on his Louisiana conviction of juvenile molestation. Elrod, J. (Clement, Elrod, Willett), breach of fiduciary duty, offset Affirming damages award on breach of fiduciary duty claim by company against its former operations supervisor, but … More October 30-31, 2023, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), habeas corpus Affirming district court judgment granting sec. 2241 petition on holding that Louisiana state prisoner had a state-created liberty interest in parole that had been granted under Louisiana law, in suit arising from rescission of that parole just prior to its effective date. The Court first … More October 23, 2023, opinions
Designated for publication Clement, J. (Clement, Elrod, Willett), criminal, Confrontation Clause, hearsay Affirming conviction for conspiracy to transport illegal aliens, but vacating conviction for transporting illegal aliens, and remanding for resentencing. The Court held that the form admitted into evidence to show the nationality of the people being transported was hearsay and admitted in violation … More October 18, 2023, opinions
Designated for publication deGravelles, J. (Haynes, Engelhardt, deGravelles, by designation), maritime law, punitive damages Affirming the judgment after a bench trial that defendant had wrongfully arrested and detained the plaintiff’s vessel after ramming it and preventing its departure from the defendant’s shipyard for five days, that punitive damages were justified, and that prejudgment interest was … More October 16-17, 2023, opinions
