Designated for publication Willett, J. (Willett, Wilson, Ramirez), breach of contract Affirming summary judgment in favor of defendant on plaintiff’s breach of contract and fraud claims arising from alleged breach of supplier-exclusivity agreement between defendant and plaintiff’s predecessor-in-interest. The Court held that the plaintiff’s breach of contract claim was time-barred on its face, and that … More April 3, 2024, opinions
Designated for publication Oldham, J. (Jolly, Engelhardt, Oldham), jurisdiction, voting rights Vacating district court’s declaratory judgment regarding the unconstitutionality of Houston’s voter-registration provisions, and remanding to the district court with instructions to dismiss without prejudice due to the lack of an Article III case or controversy. The Court noted that the parties were in agreement … More December 11, 2023, opinions
Designated for publication Jones, J. (King, Jones, Duncan), maritime law Affirming the judgment on jury verdict that owner of one vessel involved in a river collision was not negligent; but vacating judgment that other vessel owner was negligent and captain was grossly negligent and remanding for new trial, based on holding that district court instructed … More December 4, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Ho), Dennis, J., dissenting; mineral law Certifying to Louisiana Supreme Court question of whether Louisiana’s negotiorum gestio doctrine applies to Louisiana mineral law regarding the deduction of post-production costs from an unleased mineral-interest owner’s pro rata share of unit production. The same question was previously certified in Self … More November 27, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), product liability, expert witness, jury instructions Affirming judgment and damages award against Honda in strict liability and negligence defective design and product liability claims arising from side-impact car accident, rejecting arguments that district court erred in denying motion to exclude liability experts, denying motion for new trial … More November 7-8, 2023, opinions
Unpublished per curiam (Richman, Stewart, Douglas), criminal, sufficiency of evidence, jury instructions, sentencing Affirming convictions and sentences arising from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
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 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 Dennis, J. (Richman, Dennis, Haynes), qualified immunity, municipal liability Reversing qualified immunity summary judgment on plaintiff’s false arrest claim, but affirming summary judgment on excessive force claim and on municipal liability claim. As to the false arrest claim, the Court held that the arresting officer entered the curtilage of the plaintiff’s property … More August 15, 2023, opinions
Designated for publication Higginson, J. (Higginbotham, Southwick, Higginson), insurance Affirming in part and reversing in part summary judgment in favor of insurers on claim for defense and indemnification under CGL and umbrella policies for an underlying suit against the insured alleging contamination from the plaintiff’s auto salvage and vehicle wash properties. The Court held that … More July 28-31, 2023, opinions
