Designated for publication per curiam (Higginbotham, Southwick, Higginson), Higginbotham, J., concurring; taking On remand from the U.S. Supreme Court, withdrawing previous order remanding to the district court with instructions to return litigation to the state court and instead remanding to the district court to decide whether to return the litigation to state court. Judge Higginbotham … More November 12-14, 2024, opinions
Unpublished per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Haynes, Higginson, Douglas), criminal, sentencing Affirming sentence incorporating career offender enhancement on conviction of possession with intent to distribute 50 grams or more of methamphetamine, and possession with intent to distribute fentanyl.
Designated for publication Jones, J. (Jones, Barksdale, Ho), criminal Affirming conviction of illegal reentry, which resulted in surrender to immigration officials for deportation. The Court rejected the defendant’s argument that the district court had improperly shifted the burden to him to prove the invalidity of the waiver of rights regarding the underlying deportation rather than … More November 8, 2024, opinions
Designated for publication Oldham, J. (Jones, Southwick, Oldham), First Amendment On remand from the U.S. Supreme Court, remanding to the district court for further fact-findings: “In Moody v. NetChoice, LLC, 144 S. Ct. 2383 (2024), the Supreme Court emphasized that facial challenges to state laws are difficult to successfully mount. In the First Amendment context, … More November 7, 2024, opinions
Unpublished per curiam (Clement, Oldham, Wilson), prisoner suit Vacating dismissal of pretrial detainee’s failure-to-protect claim, affirming dismissal of other claims arising from assault, and remanding for further proceedings. per curiam (Wiener, Willett, Duncan), Wiener, J., concurring; municipal liability Affirming dismissal of municipal liability claims arising from tear-gassing and arrest of journalist plaintiff during George Floyd … More November 6, 2024, opinions
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
Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for cancelation of removal and voluntary departure; rejecting arguments “that (1) the agency erred in determining he was ineligible for cancellation because he had not made the required exceptional-hardship and … More October 31, 2024, opinions
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
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
Designated for publication Elrod, C.J. (Elrod, Wiener, Wilson), labor law Reversing dismissal of union’s complaint against airline under the Railway Labor Act as subject to arbitration, holding that the union sufficiently pled the anti-union animus exception to RLA arbitration, and remanding for further proceedings. Engelhardt, J. (Jones, Willett, Engelhardt), First Amendment, timeliness Affirming dismissal of … More October 28, 2024, opinions
