Designated for publication U.S. v. Whitehead, 19-11275, appeal from N.D. Tex. Higginson, J. (Clement, Higginson, Engelhardt), criminal, First Step Act Affirming district court’s denial of resentencing of defendant under the First Step Act, who had been sentenced originally in 2007 to a mandatory life sentence for possession with intent to distribute more than 50 grams … More Take the Fifth: Jan. 21, 2021 opinions
Designated for publication Knight v. Kirby Offshore Marine Pacific, LLC, 19-30756, appeal from E.D. La. Barksdale, J. (Barksdale, Elrod, Ho); Ho., J., concurring; Elrod, J., dissenting; Jones Act, contributory negligence Affirming in part and vacating in part district court judgment that defendant employer was negligent for vessel captain ordering seaman plaintiff to replace stern line … More Take the Fifth: Dec. 17, 2020 opinions
Designated for publication Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions
Designated for pulication Future Proof Brands, LLC v. Molson Coors Beverage Co., 20-50323, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), trademark infringement, intellectual property, preliminary injunction Affirming district court’s denial of preliminary injunction sought by plaintiff, who sued defendant for trademark infringement of plaintiff’s “brizzy” brand of hard seltzer product by defendant’s “vizzy” … More Take the Fifth: Dec. 3, 2020 opinions
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