Tag: insurance

March 13, 2024, opinions

March 14, 2024

Unpublished per curiam (Stewart, Dennis, Wilson), securities fraud, receivership, mootness Dismissing as moot appeal from order ratifying a settlement agreement executed by court-appointed receiver, due to subsequent events in the litigation. per curiam (Wiener, Stewart, Douglas), criminal Affirming conviction of being a felon in possession of a firearm. per curiam (Jolly, Engelhardt, Douglas), criminal, sentencing … More March 13, 2024, opinions

March 11-12, 2024, opinions

March 13, 2024

Designated for publication Duncan, J. (Richman, Haynes, Duncan), Administrative Procedures Act, preemption, healthcare law Affirming in part and reversing in part district court’s judgment that Title X of the Public Health Service Act violates the plaintiff’s constitutional right to consent to the provision of contraceptive care to his minor daughters and that a regulation promulgated … More March 11-12, 2024, opinions

March 7, 2024, opinions

March 8, 2024

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

March 6, 2024, opinions

March 7, 2024

Designated for publication per curiam (Jones, Haynes, Douglas, JJ.), prisoner suit Granting stay pending appeal of remedial order regarding medical care and ADA compliance affecting state prisoners. Unpublished per curiam (King, Haynes, Graves), criminal, sentencing Affirming 60-month sentence on conviction of illegal reentry. per curiam (Jolly, Higginson, Duncan), criminal, compassionate release Affirming denial of motion … More March 6, 2024, opinions

March 5, 2024, opinions

March 6, 2024

Designated for publication Southwick, J. (Davis, Southwick, Ho), breach of contract Affirming summary judgment in favor of defendant on statute of frauds grounds, in claims arising from alleged breach of agreement to form limited liability company with defendant and plaintiff as co-owners rather than with defendant as sole owner. The Court held that the oral … More March 5, 2024, opinions

March 4, 2024, opinions

March 5, 2024

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

February 23, 2024, opinions

February 26, 2024

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

January 24-25, 2024, opinions

January 26, 2024

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

January 18, 2024, opinions

January 19, 2024

Designated for publication Wilson, J. (Stewart, Dennis, Wilson), insurance, personal jurisdiction Affirming dismissal of insurance coverage dispute on the basis of lack of specific personal jurisdiction. The plaintiff insured sought coverage for costs it incurred in responding to a non-party subpoena from multi-district litigation in South Carolina involving aqueous film-forming foams (AFFFs); plaintiff was a … More January 18, 2024, opinions

January 15-17, 2024, opinions

January 18, 2024

Designated for publication Duncan, J. (Smith, Higginson, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of stay for habeas petitioner to return to state court to exhaust a procedurally defaulted IAC claim, denying additional certificate of appealability on IAC claim, and affirming denial of habeas relief on petitioner’s claim that state trial judge committed … More January 15-17, 2024, opinions