Designated for publication Richman, J. (Richman, Oldham, Ramirez) (oral argument withdrawn), Oldham, J., dissenting; maritime law, expert witness, toxic tort Affirming summary judgment for defendant in maritime toxic tort arising from Deepwater Horizon disaster. Richard DuFour, Jr. worked nearly three years as a cleanup worker following the 2010 Deepwater Horizon oil spill in Pascagoula, Mississippi, … More October 27, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (oral argument), criminal, sentencing Affirming 60-month sentence on conviction of conspiracy to distribute and possess with intent to distribute marijuana. James Troy Phillips led police on a high-speed car chase reaching over 135 miles per hour to evade a traffic stop because he had a large quantity … More May 27-28, 2026, opinions
Unpublished decisions per curiam (Wiener, Willett, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Graves, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Richman, Willett) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam … More April 27, 2026, opinions
Designated for publication Douglas, J. (Dennis, Oldham, Douglas), Dennis, J., dissenting; sec. 1983, pretrial detention Affirming dismissal of claims by pretrial detainee regarding the alleged misuse of suicide watch protocols by county and county officials. Ronnie Alexander, a pretrial detainee at Henderson County Jail, was moved to a “violent cell” after he falsely claimed to … More July 10, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Higginbotham, Southwick), toxic torts, expert witness Affirming exclusion of plaintiff’s expert testimony in Deepwater Horizon-cleanup-related toxic tort action, and affirming summary judgment for defendant, but clarifying Circuit’s requirements for causation proof in an expert report. Under Daubert and Rule 702, expert testimony is admissible if it is both relevant … More May 12, 2025, opinions
Designated for publication Oldham, J. (Ho, Duncan, Oldham), habeas corpus, Equal Protection Clause Affirming denial of habeas relief on claim that life sentence for state conviction of sexual assault and prohibited sexual conduct with the petitioner’s intellectually disabled daughter violated the Equal Protection Clause. Wiener, J. (Wiener, Elrod, Wilson), sec. 1983 Affirming judgment on jury … More September 6, 2024, opinions
Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Jones, Smith, Southwick, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson; voting for en banc rehearing: Stewart, Elrod, Haynes, Graves, Higginson, Douglas, Ramirez); Elrod, J., dissenting (joined by Stewart, Graves, Higginson, Douglas, JJ.); Douglas, J., dissenting (joined by Graves, Higginson, JJ., and by Elrod, J., as … More February 29, 2024, opinions
Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Haynes, J., dissenting (joined by Stewart, Southwick, Higginson, Douglas, JJ.); Graves, J., joining dissent in part; administrative law Granting petition for review of FDA marketing denial orders regarding flavored e-cigarettes, setting orders aside, and remanding to the FDA … More January 3, 2024, opinions
Designated for publication Southwick, J. (Richman, Southwick, Oldham), toxic tort, recusal Affirming district court judge’s denial of motion to disqualify himself from cases arising from Deepwater Horizon spill. The Court held that the district court judge’s former partnership in a law firm that represented a former defendant in the claims that had been found not … More October 20, 2023, opinions
