Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions
Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), qualified immunity, municipal liability, Fourth Amendment, § 1983 Dismissing appeal in part for want of appellate jurisdiction over appeals of denial of summary judgment on punitive damages claim, the summary judgment to police officer on Fourth Amendment search claim, and the summary judgment to the City and … More July 30-31, 2024, opinions
Designated for publication Duncan, J. (Haynes, Willett, Duncan), administrative law Granting stay pending review of DOT rule regulating airlines’ disclosure of fees to consumers during the booking process, and expediting review. (Judge Haynes would only grant a brief administrative stay so that the expedited merits panel could decide the issue of stay). The Court held … More July 26-29, 2024, opinions
Designated for publication Oldham, J. (joined by Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Elrod, J., concurring (joined by Ho, Engelhardt, JJ.); Ho, J., concurring; Stewart, J., dissenting (joined by Richman, Southwick, Haynes, Graves, Higginson, Douglas, JJ.); Higginson, J., dissenting (joined by Stewart, Southwick, Graves, Douglas, JJ.); nondelegation doctrine On en banc rehearing, … More July 24, 2024, opinions
Designated for publication Higginson, J. (Higginson, Willett, Oldham), criminal, sentencing Affirming 80-month sentence on guilty-plea conviction of possession of a firearm by a felon, which rejected a reduction for acceptance of responsibility and applied an upward adjustment from the Guidelines sentence on the basis of criminal history and likelihood of recidivism. Southwick, J. (Barksdale, Southwick, … More July 22, 2024, opinions
Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions
Designated for publication Wilson, J. (Richman, Graves, Wilson); Graves, J., concurring; insurance Reversing district court’s judgment in favor of life insurance beneficiary, applying Texas law to provide that, even if the beneficiary was named before being married to the decedent, once a subsequent divorce decree is effective the beneficiary is stripped of their beneficiary status. … More June 28, 2024, opinions
Designated for publication Ramirez, J. (Elrod, Duncan, Ramirez); Elrod, J., dissenting; insurance Affirming dismissal of plaintiff’s claim for business-interruption coverage for losses arising from COVID-19. “BSW characterizes the Policy’s language as unique because it ‘covers “physical loss or damage” caused by communicable disease,’ which makes the coverage ‘broader than a typical policy.’ But as stated, … More June 27, 2024, opinions
Designated for publication Smith, J. (Smith, Graves, Wilson); Graves, J., dubitante; § 1983, amendment Affirming denial of untimely motion to amend, where § 1983 plaintiff failed to adequately explain the justification for his untimeliness. Judge Graves filed a dubitante opinion. “I agree that Banks failed to give an adequate excuse for his failure to diligently … More June 26, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Oldham), COVID-19, American Rescue Plan Act, Spending Clause Affirming permanent injunction against enforcement of provision in the American Rescue Plan Act, which allocated $200 billion to the states to assist in economic recovery from the COVID-19 pandemic, holding that provision that states must agree to not use funds … More June 25, 2024, opinions
