Designated for publication per curiam (denial of en banc rehearing; voting against rehearing were Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Douglas, JJ.; voting for rehearing were Smith, Elrod, Engelhardt, Oldham, Wilson, JJ.); Higginbotham, J., concurring in denial of rehearing; Higginson, J., concurring in denial of rehearing; Oldham, J., dissenting from denial … More March 23, 2023, opinions
Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Ho, Engelhardt, Oldham, Wilson); Ho, J., concurring in denial of rehearing; Jones, J., dissenting from denial of rehearing (joined by Smith, Duncan, JJ.); absolute immunity Denying rehearing en banc on a 7-9 vote, Judges Richman, Jones, Smith, Southwick, … More October 26-28, opinions
Designated for publication King, J. (King, Elrod, Southwick), Elrod, J., concurring in judgment; tax, Freedom of Information Act, attorneys’ fees Affirming dismissal of claims challenging tax penalties, revocation of passport pursuant to penalties, and denial of award of attorneys’ fees under FOIA. The Court held that the district court correctly dismissed the plaintiff’s claims challenging … More September 15, 2022, opinions
Designated for publication Engelhardt, J. (King, Duncan, Engelhardt), criminal, Sixth Amendment, speedy trial, COVID-19, sufficiency of evidence Affirming conviction of five counts from a 2011 indictment charging defendant and co-conspirators with “offenses arising from a well-orchestrated scheme to circumvent American export controls designed to prevent dual use commodities—goods with both civilian and military applications—from falling … More September 6, 2022, opinions
(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Costa, J. (Davis, Costa, Oldham), Oldham, J., dissenting; Clean Air Act, standing Affirming Clean Air Act penalties, as well as standing of plaintiffs … More August 26-31, 2022, opinions
Designated for publication Djie v. Garland, 20-60448, petition for review of BIA order Oldham, J. (Davis, Willett, Oldham), immigration Denying Indonesian citizens’ petition for review of BIA order denying motion to reopen removal proceedings. The Court held that the petition was both number-barred and time-barred. With regard to the number-bar, the Court held that DOJ’s … More June 29, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La. Higginbotham, J. (Higginbotham, Costa, Oldham), Oldham, J., dissenting; qualified immunity Affirming in part and reversing in part denial of qualified immunity for … More June 7-12, 2022, opinions
Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Guerrero v. Occidental Petroleum Corp., 20-20633, appeal from S.D. Tex. Duncan, J. (Higginbotham, Willett, Duncan), employment Affirming district court’s dismissal of claims of … More May 5, 2022, opinions
(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions
Designated for publication U.S. v. Crittenden, 18-50635, appeal from W.D. Tex. Elrod, J. (Dennis, Elrod, Costa), Costa, J., dissenting; criminal, new trial Finding no abuse of discretion in district court’s order of a new trial upon a finding that “though the evidence was sufficient to support a conviction, the court had cautiously reweighed the evidence … More February 8, 2022, opinions
