Designated for publication Clement, J. (Smith, Clement, Haynes), Haynes, J., dissenting; Title VII, employment discrimination Affirming summary judgment dismissing plaintiff’s claims that he was not adequately trained for the testing that would determine if he would be retained or fired from Exxon’s polypropylene manufacturing facility because he was Black. The Court first held, differently from … More January 10, 2023, opinions
Designated for publication per curiam (Smith, Southwick, Douglas), criminal, restitution Affirming the denial of a motion for adjustment of a restitution order, holding that an inmate’s $1400 stimulus payment under the American Rescue Plan Act was not exempt from being applied toward a restitution order. Unpublished per curiam (King, Stewart, Haynes), criminal, guilty plea Affirming … More January 9, 2023, opinions
Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J. (joined by Richman, C.J.), concurring in judgment only; Ho, J. (joined by Richman, Southwick, JJ.), concurring in part … More January 3-6, 2023, opinions
Unpublished per curiam (Smith, Barksdale, Haynes), breach of contract, sanctions Affirming summary judgment in favor of defendant in breach of contract dispute arising from agreements to transfer hotel properties; denying plaintiff’s motion for sanctions; granting defendants’ motion for Rule 38 sanctions for a frivolous appeal; and remanding for calculation of amount of sanctions award. per … More December 23, 2022, opinions
Designated for publication Graves, J. (Graves, Willett, Engelhardt), insurance Affirming declaratory judgment in favor of insurance company that it did not owe coverage or defense to its insured for damages incurred by insured’s employees. Southwick, J. (Higginbotham, Southwick, Higginson), excessive force, municipal liability Reversing 12(b)(6) dismissal of excessive force claims against officer who punched plaintiff … More December 21-22, 2022, opinions
Designated for publication Ho, J. (Richman, Ho, Engelhardt), Richman, C.J., concurring; immigration Denying Salvadoran citizen’s petition for review of BIA order affirming IJ’s denial of motion to reopen proceedings for removal in absentia. The Court held that the IJ did not err in finding that the failure to provide the petitioner with a Notice to … More December 15, 2022, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, search and seizure, sentencing Affirming conviction and 16-month sentence for smuggling bulk cash, and upholding denial of motion to suppress evidence obtained from a border search while defendant attempted enter Mexico from the United States. After being pulled over at the border, officers noticed the defendant … More December 9, 2022, opinions
Designated for publication per curiam (Higginbotham, Duncan, Engelhardt), Rule 60, recusal Affirming denial of Rule 60 motion filed for reconsideration of judgment dismissing claims arising from arrest and incarceration, which motion was filed after the clerk of court notified the parties years after the judgment that the presiding judge had owned stock in one of … More December 8, 2022, opinions
Designated for publication per curiam (Soutwick, Oldham, Wilson), immigration Denying petition for rehearing of August 3 decision, and substituting new opinion denying Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ decision denying motion to reopen; the Court held that the petitioner’s receipt of a Notice of Hearing after an allegedly defective … More December 1-2, 2022, opinions
Designated for publication Haynes, J. (Smith, Barksdale, Haynes), immigration Denying in part and dismissing in part Venezuelan citizen’s petition for review of BIA order denying application for withholding of removal, and protection under the Convention Against Torture. The Court held that the petitioner’s conviction on one count of falsely seeking a tax refund of less … More November 28, 2022, opinions
