Tag: sufficiency of evidence

May 14, 2026, opinions

May 15, 2026

Designated for publication Graves, J. (Elrod, Higginbotham, Graves) (no oral argument), international law Affirming summary judgment dismissal of international law claims arising from death on international flight, to the extent the claims arise from theories of imperfect medical response, but reversing summary judgment to the extent claims arise from malfunctioning medical equipment. Fourteen-year-old Kevin Greenidge … More May 14, 2026, opinions

April 15, 2026, opinions

April 16, 2026

Designated for publication Wilson, J. (Elrod, Smith, Wilson) (oral argument), liens, breach of contract, construction law, certification Certifying question to Mississippi Supreme Court regarding statutory requirement for lien enforceability. Cuevas Machine Company subcontracted with O’Neal Constructors to perform fabrication and machining services at a filtration plant owned by Calgon Carbon Corporation in Hancock County, Mississippi. … More April 15, 2026, opinions

April 14, 2026, opinions

April 15, 2026

Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), criminal, guilty plea Affirming conviction for illegal entry. Victor Alfredo Tovar-Martinez appealed his conviction for illegal reentry, contending his guilty plea was not knowing and voluntary because the district court failed to inform him during the Rule 11 colloquy that the statute applies only to … More April 14, 2026, opinions

April 7, 2026, opinions

April 8, 2026

Designated for publication Ho, J. (Haynes, Higginson, Ho) (no oral argument), Higginson, J., dissenting; mandamus, venue, antitrust Granting mandamus to compel the district court to transfer venue to the Northern District of California. Branch Metrics, Inc. sued Google, LLC in the Eastern District of Texas, alleging Sherman Act violations based on documents uncovered during the … More April 7, 2026, opinions

April 6, 2026, opinions

April 7, 2026

Unpublished decisions per curiam (Elrod, Higginbotham, Graves) (oral argument), criminal, sentencing Affirming 27-month sentence on conviction of wire fraud arising from a scheme to defraud the Small Business Administration by submitting fraudulent PPP and Economic Injury Disaster Loan applications, obtaining $1,196,588 in loan proceeds. Lewis challenged her 27-month sentence, arguing the district court clearly erred … More April 6, 2026, opinions

April 3, 2026, opinions

April 6, 2026

Unpublished decisions per curiam (King, Haynes, Ho) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Jones, Ho) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Richman, Ramirez) (no oral argument), prisoner suit, Bivens claim Dismissing as frivolous appeal from dismissal of … More April 3, 2026, opinions

March 31, 2026, opinions

April 1, 2026

Designated for publication per curiam (Southwick, Duncan, Engelhardt) (oral argument), mootness, criminal, Crime Victims’ Rights Act, mandamus Denying writs of mandamus sought by families of victims of Boeing air crash that challenged a Deferred Prosecution Agreement and a subsequent non-prosecution agreement between the Department of Justice and Boeing. Following two Boeing 737 MAX crashes — … More March 31, 2026, opinions

March 27, 2026, opinions

March 28, 2026

Designated for publication Higginson, J. (Wiener, Haynes, Higginson) (oral argument), Appointments Clause, administrative law Affirming summary judgment for plaintiffs challenging Gulf of Mexico fishery management plan. Commercial Greater Amberjack fishers challenged Amendment 54 to the Gulf of Mexico fishery management plan, which slashed commercial catch limits by roughly 80%. They argued that members of the … More March 27, 2026, opinions

March 25, 2026, opinions

March 26, 2026

Designated for publication Stewart, J. (Davis, Jones, Stewart) (no oral argument), appellate jurisdiction, receivership, mootness Affirming district court’s judgment approving sale of one property in receiver-managed sale, while dismissing appeal as to another sale order and as to settlement-ratification orders. The SEC sued Timothy Barton for alleged violations of the Exchange Act and the Securities … More March 25, 2026, opinions

March 19, 2026, opinions

March 20, 2026

Designated for publication Jones, J. (King, Jones, Oldham) (oral argument), King, J., dissenting; personal torts, First Amendment Reversing summary judgment dismissal of negligence claims against protest organizer by police officer who was injured while responding to the protest, and remanding for trial of claims. Officer John Ford was struck in the head with a piece … More March 19, 2026, opinions