Designated for publication Clement, J. (Clement, Graves, Ramirez), international arbitration Reversing district court’s denial of motion to compel arbitration in international arbitral forum, and remanding for further proceedings. Also, granting in part and denying in part motion to strike reply brief. The Court held that, although arbitral forum designated in parties’ contract had been abolished, … More January 27, 2025, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Douglas), Haynes, J., concurring; habeas corpus Affirming dismissal of § 2254 application based on holding that state court’s decision was not contrary to or an unreasonable application of clearly established Supreme Court precedent, when the state court determined that false testimony from the sole identifying witness regarding his … More January 17-22, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Dennis, Higginson), criminal, sentencing, sufficiency of evidence Affirming conviction and 36-month sentence for wire fraud arising from fraudulent loan scheme involving the Paycheck Protection Program, but remanding for correction of a clerical error in the judgment. Wilson, J. (Jolly, Graves, Wilson), criminal, sentencing Vacating sentence based on enhancement for … More January 15-16, 2025, opinions
Unpublished per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Dennis, Southwick), breach of contract, insurance Affirming summary judgment dismissal of contract and coverage claims against insurer. per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Stewart, Duncan), … More January 7, 2025, opinions
Designated for publication Higginson, J. (Smith, Clement, Higginson), criminal, sentencing, sufficiency of evidence, Affirming convictions of substantive healthcare in scheme to defraud TRICARE by ordering unnecessary toxicology and DNA cancer screening tests, finding sufficient evidence to support convictions, finding no plain error in district court’s exclusion of testimony regarding statements purportedly made to defendant by … More December 9-13, 2024, opinions
Unpublished per curiam (Wilson, Douglas, Vitter, by designation), criminal, sentencing Affirming 120-month sentence on conviction of being a felon in possession of a firearm. per curiam (Smith, Stewart, Duncan), bankruptcy Affirming judgment in favor of debtor on claims by former affiliates of breach of contracts governing the relationship with those affiliates. per curiam (Davis, Stewart, … More December 5, 2024, opinions
Designated for publication per curiam (Elrod, Dennis, Higginson), maritime, breach of contract, insurance Reversing post-bench trial dismissal of two maritime breach of contract claims arising from injury of defendant’s employee. Cross-claim plaintiff owner of crew boat had been found liable for damages to an employee of the cross-claim defendant owner of a construction company, who … More November 15, 2024, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions
Designated for publication per curiam (Elrod, Jones, Smith, Willett, Duncan, Engelhardt, Oldham, Wilson) (Ho, J., recused; Haynes, J., concurring in judgment only); Dennis, J., dissenting (joined by Stewart, Richman, Southwick, Graves, Higginson, Douglas, Ramirez); en banc, labor law, First Amendment After panel opinion affirmed NLRB order finding that tweet by Tesla CEO Elon Musk regarding … More October 25, 2024, opinions
Designated for publication per curiam (Smith, Graves, Engelhardt), discovery, First Amendment Granting stay pending appeal of district court’s order compelling production of documents responsive to discovery requests for the defendant’s list of donors and financial supporters, in claims by social media company that defendants “knowingly and maliciously” manipulated images to “portray X Corp. as a … More October 17-20, 2024, opinions
