Tag: search and seizure

December 21, 2023, opinions

December 26, 2023

Designated for publication Elrod, J. (Higginbotham, Smith, Elrod), criminal, search and seizure, sentencing Affirming conviction and sentence on various drug trafficking offenses and possession of a firearm by a felon; upholding denial of multiple motions to suppress; and upholding application of dangerous weapon enhancement to sentencing calculation. Unpublished per curiam (Smith, Higginson, Engelhardt), prisoner suit … More December 21, 2023, opinions

December 12-14, 2023, opinions

December 15, 2023

Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions

November 22, 2023, opinions

November 27, 2023

Designated for publication Smith, J. (Higginbotham, Smith, Elrod), Higginbotham, J., dissenting; Clean Air Act, administrative law, Administrative Procedure Act, venue Vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard (“RFS”) program of the Clean Air Act (“CAA”), on basis that the denial was “(1) impermissibly retroactive; (2) contrary to law; and … More November 22, 2023, opinions

November 21, 2023, opinions

November 22, 2023

Unpublished per curiam (Jolly, Engelhardt, Douglas), criminal, search and seizure Affirming conviction of bank robbery and brandishing a firearm during a crime of violence, upholding denial of motion to suppress. per curiam (Wiener, Willett, Douglas), prisoner suit, municipal liability Affirming dismissal of pretrial detainee’s Monell claim arising from conditions during her pretrial detention. per curiam … More November 21, 2023, opinions

November 20, 2023, opinions

November 21, 2023

Designated for publication Higginson, J. (Smith, Higginson, Engelhardt), social security, jurisdiction Affirming the district court’s decision that it did not have jurisdiction over the plaintiff’s claims arising from withholding of benefits. The Court held that it could not have general federal question jurisdiction over claims arising from the Social Security Act, and that the limited … More November 20, 2023, opinions

November 15, 2023, opinions

November 16, 2023

Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, sentencing Affirming convictions for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, as well as the 60-month sentence imposed on her resulting from these convictions and incorporating an upward variance based on the defendant’s knowledge of the danger … More November 15, 2023, opinions

November 13, 2023, opinions

November 14, 2023

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

November 9-10, 2023, opinions

November 13, 2023

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

October 12, 2023, opinions

October 13, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), First Amendment Vacating preliminary injunction against enforcement of city ordinance regulating aspects of operations, including business hours, of sexually-oriented businesses, and remanding for further proceedings. The Court summarized, “Under longstanding Supreme Court precedent, the Ordinance is likely constitutional. The City’s evidence reasonably showed a link between SOBs’ … More October 12, 2023, opinions

September 27, 2023, opinions

September 28, 2023

Designated for publication Wilson, J. (Smith, Clement, Wilson), WARN Act, summary judgment, jury right Appellate counsel from Fishman Haygood represented prevailing party. Affirming in part and reversing in part summary judgment dismissal of employees’ WARN Act claims against investment advisor of plaintiffs’ employer on violations of WARN Act. The Court affirmed the district court’s holding … More September 27, 2023, opinions