US v Cordova: #5thCir affirms, rejects as-applied #2ndAmendment challenge for felon in possession when prior conviction was for vehicular evasion of arrest; 2 judges #concur, discuss lifetime disarmament, need for new approach #appellatesky #lawsky baffc.net/4uZZMey
Morris v US: #5thCir reverses dismissal of #FTCA claim arising from negligence of #probation officer by woman whose ex-boyfriend attacked her while he was on supervised release & after she had warned officer of his threats #appellatesky #lawsky baffc.net/4vgYXxW
Cortez v Rubio: #5thCir dismisses Section 1503 & constitutional claims re #passport denials brought by man claiming to be born in TX; affirms dismissal of APA & mandamus claims #appellatesky #lawsky baffc.net/445buZs
US v Akula: #5thCir affirms NOLA hospice-care physician's convictions/20-yr sentence for fraudulent #Medicare billing, discusses exclusion of #expertwitness, sufficiency of #evidence, above-#USSG sentence, $42M restitution #appellatesky #lawsky baffc.net/4vaZ6D2
Nat'l Horsemen v Black: #5thCir, on remand from #SCOTUS & considering #ConsumersResearch case, reissues prior opinion finding #HISA's enforcement provisions violate private nondelegation doctrine #horseracing #FTC #appellatesky #lawsky baffc.net/4orAtjh
Fields v CIR: #5thCir affirms $1.8M estate #tax deficiency & 20% penalty: transfer of decedent's assets into limited partnership when her death was imminent wasn't bona fide sale, non-tax purpose lacking #appellatesky #lawsky baffc.net/3RWKc4S
Lutheran Church v Christian: #5thCir reverses lack of diversity jurisdiction dismissal of church's suit for restoration of control of @Concordia: district court ruling violated church autonomy doctrine #concur #dissent #appellatesky #lawsky baffc.net/4dRLczI
Megatel Homes v Mansfield: #5thCir grants rehearing, issues new opinion reversing state-action immunity for city on #antitrust claims, remanding to consider #ShermanAct & state law claims #appellatesky #lawsky baffc.net/4uxAJhQ
Martinez v Hinojosa: #5thCir affirms #qualifiedimmunity summary judgment for Laredo officer who mistakenly shot man who had disarmed perpetrator: no constitutional violation #appellatesky #lawsky baffc.net/4xdefFw
EnvTech v DeBusk: #5thCir reverses dismissal: plaintiff plausibly alleged defendant committed #tradesecret theft as part of broader pattern of theft w/competitors' former employees in violation of #RICO statute #appellatesky #lawsky baffc.net/4e1MQiq