Designated for publication Ho, J. (Graves, Ho, Duncan), qualified immunity Reversing denial of qualified immunity to Secretary of Louisiana Department of Public Safety and Corrections on claims arising from the detention of inmates past the end of their sentences. The Court held that, while the detention of inmates past the end of their sentences violates … More February 14, 2023, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), foreign discovery Reversing 28 U.S.C. § 1782(a) order for foreign discovery, and remanding for further proceedings. The Court held that the district court “misconstrued our precedent and erroneously rebuffed respondents’ challenge” to a discovery order’s “validity pursuant to statutory requirements and the Supreme Court’s ‘Intel factors.’” (Citing … More December 13, 2022, opinions
Playing catch-up from traveling and holidays, so the “designated for publication” summaries will be briefer than usual, but feel free, as always, to click through to the opinions that may interest you. Designated for publication Smith, J. (Smith, Barksdale, Haynes), criminal Vacating conviction for failure to register as a sex offender on basis that guilty … More November 16-23, 2022, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Title IX Affirming summary judgment dismissal of deliberate indifference claims against school district as to risk of 14-year-old plaintiff’s violent sexual assault in high school stairwell (requiring multiple surgeries to remedy), but reversing summary judgment dismissal of claims of deliberate indifference to totality of harassment, which included … More November 14, 2022, opinions
Designated for publication Clement, J. (Clement, Duncan, Wilson), qualified immunity Dismissing appeal of denial of summary judgment on qualified immunity grounds, where summary judgment was denied based on a finding of a dispute of material fact. The Court held that its jurisdiction to review a denial of qualified immunity summary judgment was limited to the … More October 31, 2022, opinions
Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Ho, Engelhardt, Oldham, Wilson); Ho, J., concurring in denial of rehearing; Jones, J., dissenting from denial of rehearing (joined by Smith, Duncan, JJ.); absolute immunity Denying rehearing en banc on a 7-9 vote, Judges Richman, Jones, Smith, Southwick, … More October 26-28, opinions
Designated for publication South Central Houston Action Council v. Oak Baptist Church, 21-20559, appeal from S.D. Tex. Jones, J. (Jones, Elrod, Higginson), bankruptcy, magistrate jurisdiction Vacating affirmance of summary judgment entered by bankruptcy court, where on appeal to district court the district court had referred the bankruptcy appeal to a magistrate with the parties’ consent. … More June 30, 2022, opinions
Designated for publication Defense Distributed v. Bruck, 21-50327, appeal from W.D. Tex. Jones, J. (Jones, Elrod, Higginson), Higginson, J., dissenting; mandamus, First Amendment, venue transfer, severance Granting mandamus ordering the district court to request retransfer back to it of a claim against the New Jersey Attorney General (“NJAG”) that it has severed from a larger … More April 1, 2022, opinions
Unpublished Nswohnonomi v. Garland, 20-60882, petition for review of BIA order per curiam (Jolly, Willett, Engelhardt), immigration Denying in part and dismissing in part Cameroonian citizen’s petition for review of BIA order dismissing the appeal of a decision in which an Immigration Judge (IJ) denied his applications for asylum, withholding of removal, and relief under … More February 22, 2022, opinions
