Designated for publication per curiam (Wiener, Willett, Douglas) (oral argument on original setting, prior to Supreme Court remand); Federal Tort Claims Act On remand from U.S. Supreme Court, affirming dismissal of plaintiff’s tort claims arising from refusal to deliver mail, modified to be dismissal without prejudice. Lebene Konan alleged that USPS mail carrier Raymond Rojas … More September 3, 2026, opinions
Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), Title VII, Age Discrimination in Employment Act, employment discrimination Affirming dismissal of employment discrimination claims. At issue on appeal was whether a pro se plaintiff’s Title VII and ADEA claims against True Coverage were properly dismissed for failure to exhaust administrative remedies (no EEOC charge … More June 10, 2026, opinions
Designated for publication per curiam (Haynes, Ho, Oldham), Ho and Oldham, concurring; oral argument Ordering that panel will entertain additional oral argument via Zoom if appellant’s lead counsel requests, since lead counsel had emergency hospitalization shortly before argument. Judge Haynes noted that argument went forward because attorneys on both sides had traveled to attend the … More September 8, 2025, opinions
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
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
