Tag: Second Amendment

November 21-25, 2024, opinions

November 26, 2024

Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt), breach of contract, employment, personal jurisdiction Affirming dismissal of Louisiana-resident employee’s breach-of-contract wage payment claim against Virginia-resident employer for lack of personal jurisdiction. “[Defendant] Pritchard contends the fiduciary shield doctrine precludes jurisdiction based on his purely corporate contacts with Louisiana. [Plaintiff] Savoie counters that the fiduciary shield … More November 21-25, 2024, opinions

November 20, 2024, opinions

November 21, 2024

Designated for publication Douglas, J. (King, Willett, Douglas), trademark infringement Vacating district court’s amended judgment on remand, and reinstating district court’s prior judgment of injunctive relief as modified by the Court’s prior opinion on March 21, 2024, and by the parties’ stipulated additional language. Richman, J. (Jones, Richman, Ho; not joined by Judge Ho, who … More November 20, 2024, opinions

August 28, 2024, opinions

August 29, 2024

Designated for publication Elrod, J. (Elrod, Willett, Duncan), habeas corpus Affirming denial of § 2254 petition for habeas relief from state conviction and sentence on basis that state court impermissibly used a non-final conviction to enhance his sentence, holding that any error by the state court was harmless. Accordingly, the Court did not base its … More August 28, 2024, opinions

November 6, 2023, opinions

November 7, 2023

Unpublished per curiam (Wiener, Willett, Douglas), criminal, sentencing Affirming 110-month sentence on conviction of possession of a firearm by a felon in connection with a drug trafficking offense. per curiam (Willett, Duncan, Douglas), criminal, sentencing Affirming sentence on conviction of conspiracy to possess with intent to distribute cocaine; possession of cocaine with intent to distribute … More November 6, 2023, opinions

August 9, 2023, opinions

August 10, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), prisoner suit Affirming dismissal of state prisoner’s sec. 1983 claims arising from prison officials’ actions regarding his parole hearing, as running afoul of the Heck rule barring sec. 1983 claims that are essentially challenges to the term of confinement. The Court rejected the plaintiff’s argument that he … More August 9, 2023, opinions

August 1, 2023, opinions

August 2, 2023

Designated for publication Barksdale, J. (Barksdale, Southwick, Higginson), qualified immunity Affirming qualified immunity summary judgment on failure-to-protect claims arising from detainee’s suicide, based primarily on whether jailer and officer defendants possessed subjective knowledge of a substantial risk of suicide by the detainee. The Court, based on the rule of orderliness, rejected the plaintiffs’ proposed objective-unreasonableness … More August 1, 2023, opinions

February 2, 2023, opinions

February 3, 2023

Designated for publication Wilson, J. (Jones, Ho, Wilson), Ho, J., concurring; criminal, Second Amendment Vacating conviction for possession of a firearm by someone subject to a domestic violence restraining order, declaring 18 USC § 922(g)(8) facially unconstitutional in light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). After … More February 2, 2023, opinions