Tag: prisoner suit

January 7, 2025, opinions

January 8, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release.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

January 6, 2025, opinions

January 7, 2025

Designated for publication Clement, J. (Smith, Clement, Higginson), breach of contract On breach of contract claim arising from the extension of a lease over a whole tract, rather than a portion, by a bank that managed co-lessor’s interest in a mineral interests on the tract, affirming district court’s judgment that the lease calculated royalty on … More January 6, 2025, opinions

December 16-27, 2024, opinions

December 29, 2024

Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions

December 9-13, 2024, opinions

December 16, 2024

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

November 27, 2024, opinions

December 2, 2024

Designated for publication Duncan, J. (Willett, Duncan, Ramirez), Ramirez, J., dissenting; sovereign immunity, Administrative Procedure Act, intergovernmental immunity, Immigration and Nationality Act, trespass Reversing district court’s denial of preliminary injunction, and granting injunction to enjoin Border Patrol “from damaging, destroying, or otherwise interfering with Texas’s [concertina]-wire fence in the vicinity of Eagle Pass, Texas, as … More November 27, 2024, opinions

November 26, 2024, opinions

November 27, 2024

Designated for publication Willett, J. (Jones, Willett, Engelhardt), Administrative Procedures Act Reversing summary judgment in favor of the Treasury Department’s Office of Foreign Assets Control, and remanding to the district court to enter partial summary judgment in favor of plaintiffs’ APA challenge to OFAC’s inclusion of Tornado Cash’s immutable crypto-mixing smart contracts on the list … More November 26, 2024, opinions

November 20, 2024, opinions

November 21, 2024

Designated for publication Douglas, J. (King, Willett, Douglas), trademark infringement Vacating district court’s amended judgment on remand, and reinstating district court’s prior judgment of injunctive relief as modified by the Court’s prior opinion on March 21, 2024, and by the parties’ stipulated additional language. Richman, J. (Jones, Richman, Ho; not joined by Judge Ho, who … More November 20, 2024, opinions

November 15, 2024, opinions

November 18, 2024

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

November 12-14, 2024, opinions

November 15, 2024

Designated for publication per curiam (Higginbotham, Southwick, Higginson), Higginbotham, J., concurring; taking On remand from the U.S. Supreme Court, withdrawing previous order remanding to the district court with instructions to return litigation to the state court and instead remanding to the district court to decide whether to return the litigation to state court. Judge Higginbotham … More November 12-14, 2024, opinions

November 7, 2024, opinions

November 8, 2024

Designated for publication Oldham, J. (Jones, Southwick, Oldham), First Amendment On remand from the U.S. Supreme Court, remanding to the district court for further fact-findings: “In Moody v. NetChoice, LLC, 144 S. Ct. 2383 (2024), the Supreme Court emphasized that facial challenges to state laws are difficult to successfully mount. In the First Amendment context, … More November 7, 2024, opinions