Designated for publication Douglas, J. (Wilson, Douglas, Vitter, by designation), tax Reversing district court judgment in favor of plaintiff tire retailer and against IRS on question of liability for excise tax, holding that, “[w]hen a party orders taxable articles to be shipped to the United States for resale and is otherwise uninvolved in the importation … More October 8, 2024, opinions
Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wilson, Douglas, Vitter, by designation), employment discrimination, Age Discrimination in Employment Act Affirming summary judgment dismissing ADEA and employment discrimination claims. per curiam (Wiener, Ho, Ramirez), criminal Affirming conviction of being a felon in possession of a firearm. … More October 7, 2024, opinions
Designated for publication Oldham, J. (Ho, Duncan, Oldham), qualified immunity Previously released as an unpublished per curiam opinion on October 1, 2024, this is now a published opinion attributed to Judge Oldham, affirming the denial of a qualified immunity summary judgment moved for by the defendant state trooper who shot the plaintiff at point-blank range … More October 4, 2024, opinions
Designated for publication Ramirez, J. (Smith, Engelhardt, Ramirez), immigration Affirming for lack of subject-matter jurisdiction plaintiff’s challenge to the U.S. Citizenship and Immigration Services’ revocation of its approval of his EB-3 visa petition. The Court held that the USCIS’s revocation of the approval of the plaintiff’s I-140 petition was a discretionary decision not subject to … More October 3, 2024, opinions
Designated for publication Wilson, J. (Wiener, Elrod, Wilson), Elrod, J., concurring; criminal, collateral estoppel Affirming denial of motion to dismiss criminal prosecution on collateral estoppel grounds, where government decided to retry defendant on bribery charges after Court of Appeals vacated first conviction for improper jury instruction and remanded. Court held that defendant failed to show … More September 30, 2024, opinions
Designated for publication per curiam (Higginbotham, Southwick, Higginson), taking, federal question jurisdiction On remand from the U.S. Supreme Court, remanding to district court with instructions to remand to state court the plaintiffs’ taking claims against Texas. Willett, J. (Willett, Wilson, Ramirez), Ramirez, J., concurring; First Amendment Reversing summary judgment in favor of the State of … More September 25-27, 2024, opinions
Designated for publication Kernodle, J. (Southwick, Duncan, Kernodle, by designation), COVID-19, mootness, standing Reversing district court’s dismissal as moot of challenge to Air Force’s COVID-19 vaccine mandate after Air Force rescinded the mandate, and reversing dismissal for lack of standing of plaintiff who had been separated from service, and remanding for further proceedings. The Court … More September 23, 2024, opinions
Designated for publication Oldham, J. (Ho, Duncan, Oldham), diversity jurisdiction Remanding appeal from summary judgment and from judgment after bench trial, for jurisdictional discovery into the citizenship of LLC members where complaints only alleged where the LLCs were “doing business” and had their “principal place of business.” Southwick, J. (Dennis, Southwick, Ho), insurance Reversing summary … More September 20, 2024, opinions
Designated for publication Jones, J. (Jones, Smith, Ho), copyright, trademark infringement Affirming summary judgment in favor of defendant, a children’s art teaching company, and against plaintiff artist, holding that fair use doctrine protected defendant’s use of plaintiff’s art works; and holding that district court’s summary judgment on trademark infringement claim where motion for summary judgment … More September 18-19, 2024, opinions
Designated for publication per curiam (Elrod, Ho, Wilson), Ho, J., concurring; administrative law, abortion law, standing On remand from the Supreme Court, vacating the district court’s order staying FDA rules regarding mifepristone and remanding for further proceedings. Judge Ho concurred, opining that the Supreme Court had the liberty to depart from precedent that the Fifth … More September 16, 2024, opinions
