Designated for publication Willett, J. (Stewart, Willett, Oldham), attorney discipline Granting petition for panel rehearing; withdrawing opinion from November 29, 2022, that had reversed in part, affirmed in part, and remanded from en banc district court’s order of a one-year ban from practice in front of the Eastern District of Louisiana for attorney in BP Deepwater Horizon … More February 3, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions
Designated for publication per curiam (Higginbotham, Oldham, by quorum), qualified immunity Denying en banc rehearing on panel decision (Higginbotham, Costa, Oldham) that had (over Judge Oldham’s dissent) affirmed in part and reversed in part denial of qualified immunity for state Department of Public Safety & Corrections officials on claims they ignored the administrative failure of … More January 31, 2023, opinions
Designated for publication Elrod, J. (Richman, Higginbotham, Elrod), First Amendment, mootness Vacating injunction ordering display submitted by the Freedom From Religion Foundation be displayed at the Texas State Capitol, because state had repealed altogether its Capitol Exhibit Rule that had allowed the display of submitted exhibits that met certain non-onerous requirements, such that there was … More January 27, 2023, opinions
Unpublished per curiam (Dennis, Elrod, Duncan), employment discrimination, Title VII Affirming summary judgment dismissal of plaintiff’s sex discrimination claims for failure to hire based on positions for which she did not apply and positions for which she did apply but for which she was not selected; reversing summary judgment dismissal of failure-to-hire claims based on … More January 26, 2023, opinions
Unpublished per curiam (Higginbotham, Graves, Ho), criminal, First Step Act Affirming denial of motion for sentence reduction under the First Step Act. per curiam (Higginbotham, Duncan, Engelhardt), class action Vacating certification of class in suit against Louisiana Department of Health and related officials regarding alleged violation of required services under Medicaid’s Early and Periodic Screening, … More January 20-23, 2023, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions
Designated for publication Southwick, J. (Higginbotham, Southwick, Higginson), Texas Water Code, suretyship Affirming summary judgment in favor of surety on issue regarding whether private developers were entitled to offset for liquidated damages related to delay in completion of the projects, where offset was provided for by Texas Water Code for “district contract[s].” While a municipal … More January 12, 2023, opinions
Designated for publication Clement, J. (Smith, Clement, Haynes), Haynes, J., dissenting; Title VII, employment discrimination Affirming summary judgment dismissing plaintiff’s claims that he was not adequately trained for the testing that would determine if he would be retained or fired from Exxon’s polypropylene manufacturing facility because he was Black. The Court first held, differently from … More January 10, 2023, opinions
Designated for publication per curiam (Smith, Southwick, Douglas), criminal, restitution Affirming the denial of a motion for adjustment of a restitution order, holding that an inmate’s $1400 stimulus payment under the American Rescue Plan Act was not exempt from being applied toward a restitution order. Unpublished per curiam (King, Stewart, Haynes), criminal, guilty plea Affirming … More January 9, 2023, opinions
