Tag: insurance

December 15, 2023, opinions

December 18, 2023

Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), Higginson, J., dissenting; voting rights, election law, standing Reversing summary judgment in favor of voter advocacy organization, and rendering judgment in favor of Texas officials (actively defended by intervenor attorney general) rejecting organization’s challenge to Texas’s original “wet” signature requirement as a violation of the Civil Rights … More December 15, 2023, opinions

December 12-14, 2023, opinions

December 15, 2023

Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions

November 13, 2023, opinions

November 14, 2023

Designated for publication Smith, J. (King, Smith, Elrod), First Amendment Affirming in part and reversing in part district court’s dismissal of attorney’s First Amendment forced-speech and forced-association claims against state bar association and denial of preliminary injunction; remanding; and rendering injunction with respect to plaintiff only, holding that some of the LSBA’s activities are still … More November 13, 2023, opinions

November 9-10, 2023, opinions

November 13, 2023

Designated for publication Southwick, J. (King, Elrod, Southwick), Voting Rights Act Vacating district court’s preliminary injunction to enjoin Louisiana legislature’s 2022 congressional redistricting maps on the basis that the failure to create a second majority-Black district violated section 2 of the Voting Rights Act, and remanding for further proceedings to allow the legislature until January … More November 9-10, 2023, opinions

November 3, 2023, opinions

November 6, 2023

Unpublished per curiam (Richman, Stewart, Douglas), criminal, sufficiency of evidence, jury instructions, sentencing Affirming convictions and sentences arising from multi-million-dollar healthcare fraud conspiracy. per curiam (Dennis, Engelhardt, Wilson), criminal, sentencing Affirming 97-month sentence on conviction of harboring illegal aliens for the purpose of commercial advantage and private financial gain. per curiam (Smith, Ho, Engelhardt), criminal … More November 3, 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 13, 2023, opinions

October 16, 2023

Designated for publication Smith, J. (Smith, Southwick, Higginson), criminal, expert witness Affirming conviction of sex trafficking of a child, upholding introduction of evidence pulled from defendant’s cell phone using Cellebrite technology without the investigator through whose testimony the evidence was submitted being first qualified as an expert witness. The Court rejected the defendant’s argument that … More October 13, 2023, opinions

October 12, 2023, opinions

October 13, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), First Amendment Vacating preliminary injunction against enforcement of city ordinance regulating aspects of operations, including business hours, of sexually-oriented businesses, and remanding for further proceedings. The Court summarized, “Under longstanding Supreme Court precedent, the Ordinance is likely constitutional. The City’s evidence reasonably showed a link between SOBs’ … More October 12, 2023, opinions

October 10-11, 2023, decisions

October 13, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), spoliation, trade secrets Affirming spoliation sanction of default judgment and damages award against spoliating defendant in suit alleging misappropriation of proprietary software code. Higginson, J. (Smith, Higginson, Willett), takings Reversing judgment that city violated Takings Clause when it refused to compensate a homeowner for damage to her … More October 10-11, 2023, decisions

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