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
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
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 Unpublished per curiam (Clement, Haynes, Oldham), criminal Affirming Anders motion to withdraw, and dismissing appeal.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
Designated for publication Richman, C.J. (Richman, Wiener, Willett), criminal, Anti-Kickback Statute, sufficiency of evidence, Travel Act, Speedy Trial Act, Bruton violation, Court Reporter’s Act, jury instructions, prosecutorial conduct, sentencing, restitution The Court upheld the sufficiency of evidence to support the Anti-Kickback Statute convictions of six co-defendants, holding that the government need not prove defendants had … More October 2-3, 2023, opinions
Designated for publication per curiam (en banc court), voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Granting en banc rehearing, and vacating August 4, 2023, panel opinion that reversed in part and affirmed in part district court’s dismissal of constitutional challenge to Mississippi’s permanent disenfranchisement of certain felons. Duncan, J. (Duncan, … More September 28-29, 2023, opinions
Designated for publication Higginson, J. (Jolly, Dennis, Higginson), criminal, sufficiency of evidence Affirming conviction of transporting within the United States an alien who “has come to, entered, or remains in the United States in violation of law.” The Court held there was sufficient evidence to support the jury’s finding that the person the defendant was … More September 20-21, 2023, opinions
Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), Title VII, employment discrimination Reversing summary judgment dismissal of employee’s discrimination claims after he was fired for his refusal to cut his hair and beard in violation of his religious vow, in light of Groff v. DeJoy, 143 S. Ct. 2279 (2023). The Court held that the … More September 15, 2023, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), criminal, jury instructions, sentencing Affirming conviction of illegal reentry and 105-month sentence, finding no error in jury instruction or impropriety in enhancement of sentence for obstruction of justice. After the defendant had presented evidence that he had been acting under duress due to threats by the drug-smuggling … More September 14, 2023, opinions
Designated for publication Jones, J. (Jones, Clement, Haynes), Haynes, J., dissenting in part; diversity jurisdiction, sanctions Affirming dismissal of third-party claims as sanction for party’s deliberate “hiding of the ball” on L.L.C. citizenship/jurisdictional facts. The Court held that the district court’s power to issue a case-dispositive sanction fell within its collateral jurisdiction. The Court summed … More September 12, 2023, opinions
Designated for publication Higginson, J. (Smith, Southwick, Higginson), criminal, supervised release Affirming imposition of 15 “standard conditions” for terms of supervised release from district court’s Standing Order, where oral pronouncement included that the supervised release would be “subject to the standard conditions” but did not otherwise expressly articulate those conditions. Elrod, J. (Dennis, Elrod, Ho), … More September 8-11, 2023, opinions
