Tag: qualified immunity

January 10, 2025, opinions

January 13, 2025

Designated for publication Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions

January 8, 2025, opinions

January 9, 2025

Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming dismissal for lack of jurisdiction over movant’s motion for compassionate release, on basis that the compassionate-release statute does not apply to sentences imposed by the Uniform Code of Military Justice, such that district courts are not empowered to grant compassionate release … More January 8, 2025, opinions

January 2-5, 2025, opinions

January 6, 2025

Designated for publication per curiam (Voting AGAINST en banc rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, JJ.; voting FOR en banc rehearing: Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); qualified immunity Denying en banc rehearing of September 10, 2024, panel opinion (Douglas, J., joined by Wiener, J.; Smith, J., dissenting) … More January 2-5, 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 1-5, 2024, opinions

November 6, 2024

Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions

October 30, 2024, opinions

October 31, 2024

Designated for publication Haynes, J. (Southwick, Haynes, Douglas), administrative law Reversing in part and affirming in part district court’s ruling on plaintiff healthcare providers’ and air-ambulance providers’ challenge to HHS rules regarding the No Surprises Act; reversing vacatur of rule regarding how to calculate “qualifying payment amount” under the NSA, affirming vacatur of deadline provision … More October 30, 2024, opinions

October 29, 2024, opinions

October 30, 2024

Designated for publication Elrod, C.J. (Elrod, Graves, Ashe, by designation), administrative law, Fair Labor Standards Act Granting petition for panel rehearing of Aug. 23, 2024 panel opinion that reversed summary judgment in favor of the DOL and vacated DOL rule restricting when employers can claim a “tip credit” for “tipped employees” for purposes of the … More October 29, 2024, opinions

October 21, 2024, opinions

October 22, 2024

Unpublished per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming 12-month sentence on conviction of aiming a laser pointer at an aircraft. Higginson, J. (HIgginbotham, Higginson, Duncan), qualified immunity Affirming qualified immunity dismissal of claims arising from suicide death of plaintiff’s daughter. per curiam (Smith, Stewart, Duncan), prisoner suit Affirming dismissal of sec. 1983 claims. per … More October 21, 2024, opinions

October 14, 2024, opinions

October 15, 2024

Designated for publication Duncan, J. (Southwick, Duncan, Kernodle, by designation), qualified immunity Reversing denial of qualified immunity summary judgment for defendant officers arising from arrest of plaintiff after plaintiff refused to identify himself or exit his car. Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, … More October 14, 2024, opinions