Bay Area Unitarian v Harris County: #5thCir #enbanc 13/3 affirms: property owners don't have standing to challenge part of TX statute criminalizing carrying guns onto premises on which owners prohibit firearms #dissent #appellatesky #lawsky baffc.net/45A0sfy
Ford v McKesson: #5thCir denies #rehearingenbanc 10/6 after panel reverses summary judgment for #BlackLivesMatter protest organizer on negligence claim by Baton Rouge officer injured by rioters in 2016 #dissent #FirstAmendment #appellatesky #lawsky baffc.net/4cb3F8Y
US v Hunter: #5thCir, on remand from #SCOTUS, applies new "miscarriage of justice" standard in deciding if appeal waiver included waiving challenge to medication condition of supervised release, finds waiver, dismisses appeal #appellatesky #lawsky baffc.net/4fCvgks
In re Aldama Aleman: #5thCir transfers #immigration detainee's successive #habeas petition back to district court: habeas petitions under § 2241 aren't subject to gate-keeping provisions of § 2244(b) #appellatesky #lawsky baffc.net/4fF7jZQ
MEICO v Targa Gas: #5thCir grants #rehearing, certifies questions to #SCOTX re pricing of #naturalgas obtained during periods of force majeure under TX contract law #oilandgas #appellatesky #lawsky baffc.net/4c6O0Yi
Students Engaged v Paxton: #5thCir, on appeal of injunction against #TXHB18 #SCOPEAct regulating social media, finds some plaintiffs lack standing, affirms as to monitoring/filtering due to #CDA preemption #concur #dissent #appellatesky #lawsky baffc.net/4fsCrvy
US v Debrow: #5thCir vacates denial of dismissal of felon-in-possession indictment, remands for reconsideration of #2ndAmendment challenge where prior conviction was LA aggravated criminal damage to property #concur #dissent #appellatesky #lawsky baffc.net/4ffXjY4
US v Murphy: #5thCir on appeal of sentence for firearms/drug convictions, reverses application of cross-reference to 1st-degree murder, affirms factual findings, drug quantity, denial of mitigating role adjustment #dissent #appellatesky #lawsky baffc.net/45kCOn7
Exxon v OSHC: #5thCir vacates OSHA ruling, citation & penalty: #OSHA can't require employers to record employees' work-related mental illnesses via rulemaking authority conferred on OSHA by §8 of OSH Act #employmentlaw #appellatesky #lawsky baffc.net/4b7U7eJ
US v Fullerton: #5thCir affirms denial of new trial/sentencing enhancements for husband & wife who fraudulently obtained $3M+ from #COVID-era #PaycheckProtectionProgram, affirms calculation of intended loss #plainerror #PPP #appellatesky #lawsky baffc.net/4wk4Zi4
US v Palomares: #5thCir reverses dismissal of felon-in-possession charge: disarming defendant convicted of alien smuggling is consistent w/ #2ndAmendment because that crime is an inherently dangerous felony #guns #appellatesky #lawsky baffc.net/4wRmmqg
Rodriguez v Ortega: #5thCir stays pending #rehearingenbanc district court judgments granting #habeas relief to 3 unadmitted detained aliens who resided in US over a decade & ordering hearings w/in 90 days #dueprocess #appellatesky #lawsky baffc.net/45hBXDK
US v Squire: #5thCir grants #rehearingenbanc after panel finds no #2ndAmendment violation in dispossessing convicted drug dealer of firearm inside home; #dissent discusses #CommerceClause challenge & possibly massive import #appellatesky #lawsky baffc.net/44L1lBE
Keathley v Ayers: on remand from #SCOTUS, #5thCir remands to district court to reassess whether omission of personal-injury suit from #bankruptcy schedule was result of inadvertence or mistake #appellatesky #lawsky baffc.net/4b142Tj
US v Kirkwood: #5thCir vacates order of #restitution to store clerk for psychological harm during robbery: "bodily injury" under #MVRA doesn't encompass solely mental injury #dissent #plainerror #appellatesky #lawsky baffc.net/45gbGpf
Jefferson Parish Firefighters Local v. Roberts: #5thCir remands for dismissal: #FirstAmendment challenge to LA Ethics Board's declaratory opinion was mooted by Union officer's resignation from Civil Service Board #appellatesky #lawsky baffc.net/4wHyZnQ
Thompson v McGehee: #5thCir reverses dismissal of #FirstAmendment, #4thAmendment, #14thAmendment & municipal claims by city councilwoman arrested for putative misdemeanor public records violation minutes before council meeting #appellatesky #lawsky baffc.net/4wHyZnQ
Ayers v Neugebauer: #5thCir affirms: #Bankruptcy Code entitled creditor to damages for willful violation of automatic stay by parties who pursued his deposition in arbitration beyond stay; no clear error in damages calculation #appellatesky #lawsky baffc.net/4gFaa7h
US v Allred: #5thCir affirms, rejects #2ndAmendment as-applied & #CommerceClause challenges to conviction for possessing firearm after conviction for TX misdemeanor domestic violence #concur #Bruen #Rahimi #criminallaw #appellatesky #lawsky baffc.net/44AE5pX
Brenyah v Columbia Hospital: #5thCir grants #rehearing, substitutes opinion reversing dismissal of nurse's #TitleVII & §1981 hostile-work-environment claims, affirming dismissal of #racediscrimination, retaliation, #ADA claims #appellatesky #lawsky baffc.net/4h9w1Uw