Designated for publication Jolly, J. (Jolly, Southwick, Oldham), Oil Pollution Act, CERCLA Affirming summary judgment dismissal of OPA claims arising from spill of mixture of oil and hazardous substances into the Houston shipping channel, holding that the mixed spill is not a spill of “oil” under OPA, but instead falls within the carve-out for CERCLA … More October 25-27, 2023, opinions
Unpublished per curiam (Jones, Stewart, Duncan), criminal, sentencing, compassionate release Affirming 240-month sentence on conviction of conspiracy to possess 280 grams or more of cocaine base with intent to distribute, and affirming denial of motion for compassionate release. per curiam (Jones, Stewart, Duncan), criminal, sentencing Affirming conviction and sentence arising from a string of armed … More October 24, 2023, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), habeas corpus Affirming district court judgment granting sec. 2241 petition on holding that Louisiana state prisoner had a state-created liberty interest in parole that had been granted under Louisiana law, in suit arising from rescission of that parole just prior to its effective date. The Court first … More October 23, 2023, opinions
Unpublished per curiam (Wiener, Stewart, Douglas), prisoner suit Affirming summary judgment dismissal of jail detainee’s § 1983 claims. per curiam (Stewart, Graves, Oldham), appellate jurisdiction Dismissing as frivolous appeal from 2012 summary judgment. per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing Affirming sentence on conviction of possessing a counterfeit mail key. per curiam (Higginbotham, Smith, Elrod), … More October 19, 2023, opinions
Designated for publication Clement, J. (Clement, Elrod, Willett), criminal, Confrontation Clause, hearsay Affirming conviction for conspiracy to transport illegal aliens, but vacating conviction for transporting illegal aliens, and remanding for resentencing. The Court held that the form admitted into evidence to show the nationality of the people being transported was hearsay and admitted in violation … More October 18, 2023, opinions
Designated for publication deGravelles, J. (Haynes, Engelhardt, deGravelles, by designation), maritime law, punitive damages Affirming the judgment after a bench trial that defendant had wrongfully arrested and detained the plaintiff’s vessel after ramming it and preventing its departure from the defendant’s shipyard for five days, that punitive damages were justified, and that prejudgment interest was … More October 16-17, 2023, opinions
Designated for publication Smith, J. (Smith, Southwick, Higginson), criminal, expert witness Affirming conviction of sex trafficking of a child, upholding introduction of evidence pulled from defendant’s cell phone using Cellebrite technology without the investigator through whose testimony the evidence was submitted being first qualified as an expert witness. The Court rejected the defendant’s argument that … More October 13, 2023, opinions
Designated for publication Duncan, J. (Wiener, Southwick, Duncan), First Amendment Vacating preliminary injunction against enforcement of city ordinance regulating aspects of operations, including business hours, of sexually-oriented businesses, and remanding for further proceedings. The Court summarized, “Under longstanding Supreme Court precedent, the Ordinance is likely constitutional. The City’s evidence reasonably showed a link between SOBs’ … More October 12, 2023, opinions
Designated for publication Clement, J. (Clement, Elrod, Willett), spoliation, trade secrets Affirming spoliation sanction of default judgment and damages award against spoliating defendant in suit alleging misappropriation of proprietary software code. Higginson, J. (Smith, Higginson, Willett), takings Reversing judgment that city violated Takings Clause when it refused to compensate a homeowner for damage to her … More October 10-11, 2023, decisions
Designated for publication Willett, J. (Willett, Engelhardt, Oldham), ERISA Reversing district court’s order of reclassification of former NFL player to the highest level of disability plan benefits under the League’s retirement and disability plan, holding that the former player had not timely appealed the initial classification and had failed to show a change of circumstances … More October 6, 2023, opinions
