Tag: timeliness

September 28-29, 2023, opinions

October 2, 2023

Designated for publication per curiam (en banc court), voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Granting en banc rehearing, and vacating August 4, 2023, panel opinion that reversed in part and affirmed in part district court’s dismissal of constitutional challenge to Mississippi’s permanent disenfranchisement of certain felons. Duncan, J. (Duncan, … More September 28-29, 2023, opinions

August 22, 2023, opinions

August 23, 2023

Designated for publication Smith, J. (Higginbotham, Smith, Engelhardt), toxic tort, jurisdiction, timeliness Affirming denial of remand on the basis of improper joinder of nondiverse defendants; but reversing dismissal of wrongful death claim and vacating denial of leave to amend for fear of cancer claims, arising from defendants’ facility’s emissions of toxic levels of ehtylene oxide. … More August 22, 2023, opinions

August 15, 2023, opinions

August 16, 2023

Designated for publication Dennis, J. (Richman, Dennis, Haynes), qualified immunity, municipal liability Reversing qualified immunity summary judgment on plaintiff’s false arrest claim, but affirming summary judgment on excessive force claim and on municipal liability claim. As to the false arrest claim, the Court held that the arresting officer entered the curtilage of the plaintiff’s property … More August 15, 2023, opinions

August 8, 2023, opinions

August 9, 2023

Designated for publication per curiam (Clement, Elrod, Willett), criminal, sentencing Affirming 405-month sentence on conviction of enticement of a minor, travel with intent to engage in illicit sexual conduct, and transfer of obscene material to a minor; affirming $100 special assessment on each of three counts; but vacating $5,000 assessment under the Justice for Victims … More August 8, 2023, opinions

July 28-31, 2023, opinions

August 1, 2023

Designated for publication Higginson, J. (Higginbotham, Southwick, Higginson), insurance Affirming in part and reversing in part summary judgment in favor of insurers on claim for defense and indemnification under CGL and umbrella policies for an underlying suit against the insured alleging contamination from the plaintiff’s auto salvage and vehicle wash properties. The Court held that … More July 28-31, 2023, opinions

July 21, 2023, opinions

July 24, 2023

Designated for publication per curiam (en banc), labor law Ordering rehearing en banc; vacating March 31, 2023, panel opinion that had denied petitions for review of NLRB order finding that Tesla CEO Elon Musk posted an unlawful threat on Twitter, that employee was unlawfully terminated, that Tesla did not unlawfully solicit and promise to remedy … More July 21, 2023, opinions

July 7, 2023, opinions

July 10, 2023

Designated for publication King, J. (King, Jones, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on ineffective assistance of counsel claim. Under AEDPA’s “doubly deferential review,” the Court held that the petitioner’s trial counsel’s failure to object to lay and expert testimony about the credibility of a child’s testimony was “arguably … More July 7, 2023, opinions

May 25-26, 2023, opinions

May 30, 2023

Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness Certifying to the Texas Supreme Court questions regarding the timeliness of filing a new suit after the original suit was dismissed for lack of jurisdiction, a question “concern[ing] the interpretation of a Texas statute that tolls the applicable statute of limitations where a prior petition is … More May 25-26, 2023, opinions

May 11-16, 2023, opinions

May 19, 2023

Designated for publication Higginson, J. (Richman, King, Higginson), criminal, sentencing, Speedy Trial Act Affirming convictions and 540-month sentence for armed robberies of cell phone stores. The Court held that there was no Speedy Trial Act violation where the defendant’s counsel sought a continuance on the indictment past the Act’s 30-day deadline, holding that the Government … More May 11-16, 2023, opinions

April 13, 2023, opinions

April 14, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Engelhardt), personal torts, Batson violation Affirming denial of new trial or remittitur motion brought by plaintiff in trucker-collision case where jury found in favor of plaintiff but only awarded $37,500. The Court held that the defense counsel’s closing argument comments that allegedly alluded to the plaintiff’s counsel’s marketing … More April 13, 2023, opinions