Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Ho, J., concurring; False Claims Act, qui tam Affirming dismissal of qui tam action under False Claims Act. Inpatient-rehabilitation facilities (IRFs) provide intensive therapy to patients after hospital discharge and are reimbursed by Medicare per discharge, contingent on compliance with procedural rules such as … More November 3, 2025, opinions
Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions
Designated for publication per curiam (Richman, Jones, Smith, Stewart, Elrod, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Douglas), legislative privilege, appellate jurisdiction, standing Vacating August 25, 2023 panel opinion (which had been substituted for withdrawn MAy 10, 2023 panel opinion), and ordering en banc rehearing of district court’s order that Mississippi legislators must provide a … More August 29, 2023, opinions
Designated for publication Graves, J. (Graves, Willett, Engelhardt), qualified immunity Affirming qualified immunity summary judgment in favor of officer defendant based on shots he fired into sedan as he stood directly in front of car and driver ignored multiple commands from the officers; but reversing qualified immunity summary judgment in favor of officer defendants for … More May 17-18, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Dennis, J., dissenting in part; Duncan, J., dissenting in part; legislative privilege, appellate jurisdiction, standing Affirming district court’s order that Mississippi legislators must provide a privilege log for documents they contend are subject to the legislative privilege, but reversing district court’s order that the legislative privilege is … More May 10, 2023, opinions
