Tag: immigration

November 7-8, 2023, opinions

November 9, 2023

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

November 6, 2023, opinions

November 7, 2023

Unpublished per curiam (Wiener, Willett, Douglas), criminal, sentencing Affirming 110-month sentence on conviction of possession of a firearm by a felon in connection with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

November 1, 2023, opinions

November 2, 2023

Unpublished per curiam (Jones, Southwick, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal.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

October 30-31, 2023, opinions

November 1, 2023

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

October 23, 2023, opinions

October 24, 2023

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

October 18, 2023, opinions

October 19, 2023

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

October 16-17, 2023, opinions

October 18, 2023

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

October 6, 2023, opinions

October 9, 2023

Designated for publication Willett, J. (Willett, Engelhardt, Oldham), ERISA Reversing district court’s order of reclassification of former NFL player to the highest level of disability plan benefits under the League’s retirement and disability plan, holding that the former player had not timely appealed the initial classification and had failed to show a change of circumstances … More October 6, 2023, opinions

October 5, 2023, opinions

October 6, 2023

Designated for publication Oldham, J. (Willett, Engelhardt, Oldham), insurance, diversity jurisdiction Remanding appeal of summary judgment in favor of insurer regarding coverage for Covid-related shutdown of music festival, for purposes of determining the existence of diversity jurisdiction where the record did not adequately document the citizenship of LLC parties to the litigation. The Court noted … More October 5, 2023, opinions

October 4, 2023, opinions

October 5, 2023

Designated for publication Clement, J. (Clement, Haynes, Oldham), criminal, civil commitment Affirming order of indefinite civil commitment pursuant to 18 U.S.C. § 4246 because appellant was committed the Attorney General under § 4241(d) when the petition was filed. Unpublished per curiam (Clement, Haynes, Oldham), criminal Affirming Anders motion to withdraw, and dismissing appeal. per curiam … More October 4, 2023, opinions