Designated for publication Southwick, J. (King, Elrod, Southwick), Elrod, J., dissenting; Clean Air Act, administrative law Denying petitions for review of EPA order designating two Texas counties (Rusk and Panola) as in non-attainment for the NAAQS for sulfur dioxide, primarily due to emissions from a coal-burning power plant, and from order denying reconsideration of the … More January 11, 2024, opinions
Designated for publication Ho, J. (Graves, Higginson, Ho), qualified immunity Dismissing for lack of appellate jurisdiction appeal from denial of qualified immunity summary judgment in excessive force claim. As Judge Ho summarized the opinion: “Two established principles of law govern this qualified immunity appeal. First, it may be objectively reasonable under certain circumstances for police … More January 10, 2024, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), administrative law Reversing $6.5 million penalty judgment and vacating injunction issued after jury verdict in civil enforcement action brought by the CFTC against energy commodity trader under 17 CFR § 155.4(b)(2)(i), “a regulation that prevents commodities traders from ‘taking the other side of orders’ without clients’ consent.” … More January 8, 2024, opinions
Designated for publication per curiam (Jones, Stewart, Duncan); Duncan, J., concurring; Jones, J., concurring; qualified immunity Affirming denial of motion to dismiss on qualified immunity, regarding plaintiff’s claims against Department of Public Safety and Corrections official for over-detention. Plaintiff was detained in a Louisiana prison 41 days past the end of his 90-day sentence, because … More January 5, 2024, opinions
Designated for publication per curiam (Smith, Elrod, Engelhardt), § 1983, standing Denying motion for injunction pending appeal of district court’s denial of injunction of new Mississippi statute expanding the special judicial district surrounding the Mississippi state capitol and empowering the chief justice of the Mississippi Supreme Court to appoint the judge for the district and … More January 4, 2024, opinions
Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Haynes, J., dissenting (joined by Stewart, Southwick, Higginson, Douglas, JJ.); Graves, J., joining dissent in part; administrative law Granting petition for review of FDA marketing denial orders regarding flavored e-cigarettes, setting orders aside, and remanding to the FDA … More January 3, 2024, opinions
Designated for publication Engelhardt, J. (Southwick, Engelhardt, Wilson), abortion, administrative law, standing, preemption Affirming district court’s permanent injunction against Guidance letter issued by the Centers for Medicare and Medicaid Services (“CMS”), the agency of the Department of Health and Human Services charged with administering the Emergency Medical Treatment and Active Labor Act of 1986, which … More January 2, 2024, opinions
Unpublished per curiam (Stewart, Dennis, Wilson), Dennis, J., dissenting in part; criminal, sentencing Affirming in part and vacating in part 108-month sentence on conviction of possession with intent to distribute marijuana and methamphetamine; “remand[ing] for recalculation of his sentence to account for the new base offense level resulting from the 10 percent decrease of the … More December 29, 2023, opinions
Unpublished per curiam (Jones, Southwick, Ho), product liability Dismissing as frivolous appeal from dismissal of product liability suit regarding seatbelts and airbags. per curiam (Jones, Southwick, Ho), criminal, sentencing Affirming sentence on conviction of drug offenses and possessing a firearm as a felon. per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing Affirming conviction and 57-month sentence … More December 26-28, 2023, opinions
Designated for publication Clement, J. (Jones, Clement, Haynes), insurance, class action Vacating class certification and remanding for further proceedings on claim of undervaluation of total-loss claims due to insurer’s use of valuation system. The Court held that “class certification was only proper if plaintiffs could prove injury—i.e., underpayment—on a class-wide basis,” and rejecting premise that … More December 22, 2023, opinions
