Designated for publication Smith, J. (Smith, Southwick, Higginson), labor law Granting petition for review of NLRB order ruling that Tesla infringed on employees’ rights to unionize when it required employees to wear specific Tesla uniforms and prohibited employees from wearing union-insignia t-shirts instead (though the policy allowed employees to wear as many union stickers on … More November 14, 2023, opinions
Designated for publication Smith, J. (King, Smith, Elrod), First Amendment Affirming in part and reversing in part district court’s dismissal of attorney’s First Amendment forced-speech and forced-association claims against state bar association and denial of preliminary injunction; remanding; and rendering injunction with respect to plaintiff only, holding that some of the LSBA’s activities are still … More November 13, 2023, opinions
Designated for publication Southwick, J. (King, Elrod, Southwick), Voting Rights Act Vacating district court’s preliminary injunction to enjoin Louisiana legislature’s 2022 congressional redistricting maps on the basis that the failure to create a second majority-Black district violated section 2 of the Voting Rights Act, and remanding for further proceedings to allow the legislature until January … More November 9-10, 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
Designated for publication Elrod, J. (Stewart, Elrod, Graves), qualified immunity, expert testimony, First Amendment Affirming in part and reversing in part qualified immunity dismissal of plaintiff’s claims arising from arrest for making a false report of a hostage situation. The Court first held that the district court did not abuse its discretion in excluding the … More November 2, 2023, opinions
Unpublished per curiam (Jones, Southwick, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Higginson, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Willett, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Willett, Duncan, Wilson), criminal, compassionate release Affirming denial of motion … More November 1, 2023, opinions
Designated for publication Jolly, J. (Jolly, Southwick, Oldham), Oil Pollution Act, CERCLA Affirming summary judgment dismissal of OPA claims arising from spill of mixture of oil and hazardous substances into the Houston shipping channel, holding that the mixed spill is not a spill of “oil” under OPA, but instead falls within the carve-out for CERCLA … More October 25-27, 2023, opinions
Unpublished per curiam (Jones, Stewart, Duncan), criminal, sentencing, compassionate release Affirming 240-month sentence on conviction of conspiracy to possess 280 grams or more of cocaine base with intent to distribute, and affirming denial of motion for compassionate release. per curiam (Jones, Stewart, Duncan), criminal, sentencing Affirming conviction and sentence arising from a string of armed … More October 24, 2023, opinions
Unpublished per curiam (Wiener, Stewart, Douglas), prisoner suit Affirming summary judgment dismissal of jail detainee’s § 1983 claims. per curiam (Stewart, Graves, Oldham), appellate jurisdiction Dismissing as frivolous appeal from 2012 summary judgment. per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing Affirming sentence on conviction of possessing a counterfeit mail key. per curiam (Higginbotham, Smith, Elrod), … More October 19, 2023, opinions
Designated for publication Clement, J. (Clement, Elrod, Willett), criminal, Confrontation Clause, hearsay Affirming conviction for conspiracy to transport illegal aliens, but vacating conviction for transporting illegal aliens, and remanding for resentencing. The Court held that the form admitted into evidence to show the nationality of the people being transported was hearsay and admitted in violation … More October 18, 2023, opinions
