Designated for publication Southwick, J. (Wiener, Stewart, Southwick), supervised release, criminal Affirming revocation of supervised release based on failure to report to federal parole officer and on state crimes while on release, even though arrest for revocation of supervised release did not occur until after term of supervised release was over, upholding invocation of jurisdiction … More May 15, 2025, opinions
Designated for publication Clement, J. (Clement, Engelhardt, Wilson), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Reversing the denial of Southwest’s motion for judgment as a matter of law on employee’s belief-based Title VII claim and RLA retaliation claim and remanding with instructions for the district court to enter judgment for Southwest; affirming … More May 8-9, 2025, opinions
Unpublished opinions per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming 20-month sentence on revocation of supervised release. per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming conviction and 52-month sentence for conspiracy to possess heroin with intent to distribute, possession of a firearm in furtherance of a drug-trafficking crime, maintaining a drug-involved premises, possession of methamphetamine … More May 7, 2025, opinions
Unpublished opinions Richman, J. (King, Richman, Higginson), insurance Affirming summary judgment in favor of insurer on its declaratory judgment claim regarding exclusion from coverage. per curiam (Smith, Graves, Duncan), Title VII, employment discrimination Affirming summary judgment in favor of university employer on race discrimination claims. per curiam (Davis, Smith, Higginson), insurance Affirming summary judgment in … More May 1, 2025, opinions
Designated for publication per curiam (Elrod, Oldham, Wilson), Fair Housing Act, Rule 60(b), notice of appeal Affirming denial of landlord defendant’s Rule 60(b) motion after summary judgment for plaintiff tenant on claims of disability discrimination and retaliation under the Fair Housing Act, finding no abuse of discretion. The Court held that the original summary judgment, … More March 10, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Jones, Stewart), criminal, search and seizure Reversing grant of motion to suppress evidence from a house and vehicle, holding that the good-faith exception applied to overcome the bare-bones nature of the affidavit in support of the search warrant, and remanding for further proceedings. Southwick, J. (Southwick, Haynes, Douglas), Equal … More March 3-4, 2025, opinions
Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Elrod, Ho, JJ.); Oldham, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Duncan, Engelhardt, Wilson, JJ.); Ho, J., dissenting from denial … More February 26, 2025, opinions
Designated for publication per curiam (voting against rehearing: Jones, Smith, Richman, Southwick, Haynes, Willett, Duncan, Engelhardt, Wilson, JJ.; voting for rehearing: Stewart, Graves, Higginson, Douglas, Ramirez, JJ.; Elrod, Ho, Oldham, JJ., not participating in poll); Higginson, J., dissenting from denial of rehearing (joined by Stewart, Graves, Douglas, JJ.); sovereign immunity, contempt Denying rehearing en banc … More February 11, 2025, opinions
Designated for publication per curiam (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Ho, Duncan, Oldham, JJ.), Ho, J., dissenting from denial of rehearing; Oldham, J. (joined by Jones, Smith, Duncan, JJ.), dissenting from denial of rehearing; prisoner suit, appellate jurisdiction, en … More January 28, 2025, opinions
Designated for publication Clement, J. (Clement, Graves, Ramirez), international arbitration Reversing district court’s denial of motion to compel arbitration in international arbitral forum, and remanding for further proceedings. Also, granting in part and denying in part motion to strike reply brief. The Court held that, although arbitral forum designated in parties’ contract had been abolished, … More January 27, 2025, opinions
