US v Cardenas-Ramirez: #5thCir denies #rehearing, expresses concern about use of acquitted conduct in #sentencing, but concludes rehearing not warranted in this case #criminallaw #appellatesky #lawsky baffc.net/41xgzsi

US v Ducksworth: #5thCir grants panel #rehearing, substitutes opinion affirming denial of motion to suppress #firearm found during traffic-stop pat-down of passenger after finding firearm on driver, who had denied possession #appellatesky #lawsky baffc.net/478pPq0

The Woodlands Pride v Paxton: #5thCir denies #rehearing, substitutes opinion vacating injunction/ordering dismissals & analysis in drag performers' challenge to #TXlaw banning certain sexually oriented performances #appellatesky #lawsky baffc.net/4rFBs03

Ramirez v Granado: #5thCir denies #rehearing 9/8 after panel reversed #qualifiedimmunity summary judgment for officer who shot man as he fled holding gun after high-speed chase #dissent #4thAmendment #excessiveforce #appellatesky #lawsky baffc.net/4rBguzo

Devins v Armstrong: #5thCir denies #rehearing, issues new opinion affirming application of #resjudicata to attempted relitigation of #visa denial for foreign student, but dismisses w/out prejudice #appellatesky #lawsky baffc.net/4aPuHTa

One Lakeside Plaza v Indian Harbor: #5thCir denies #rehearing en banc after panel applied controlling precedent to reject surplus lines insurers' efforts to force #arbitration of claims re LA property #concur #insurance #LAlaw #appellatesky #lawsky baffc.net/4tusQuc

US v Horton: #5thCir denies #rehearing, issues new opinion affirming 224-mo upward variance for dealer of #fentanyl-laced Percoset pills that contributed to death #appellatesky #lawsky baffc.net/4bJgJ6r

North East ISD v IM: #5thCir denies #rehearing, reissues opinion affirming that school district denied a #FAPE to student w/#autism & uniquely severe behavioral problems by not providing additional extended-year services #IDEA #appellate #lawsky htskytps://baffc.net/4b57M6O

Alexander v Taft: #5thCir denies #rehearing, issues new opinion affirming dismissal of pretrial detainee's challenge to mental healthcare/conditions in "violent cell" after he falsely claimed to be suicidal #dissent #prison #appellatesky #lawsky baffc.net/3YcTtpf

US v McGuire: #5thCir grants #rehearing, issues new opinion affirming #conspiracy to commit promotional #moneylaundering & #marijuanadistribution convictions but vacating sentences because of speculative quantity evidence #appellatesky #lawsky baffc.net/4ap18YW

Ethridge v Samsung: #5thCir grants panel #rehearing, issues new opinion affirming dismissal for lack of #personaljurisdiction over manufacturer of exploding battery, in light of #7thCir decision #appellatesky #lawsky baffc.net/4j2MXv1

Perez v San Antonio: #5thCir grants panel #rehearing, issues new opinion affirming denial of Lipan-Apache Native American Church members' request to enjoin tree removal/interference w/cormorant nesting in public park #dissent #appellatesky #lawsky baffc.net/3MAlFQr

Carter v Southwest: #5thCir grants #rehearing, substitutes opinion reversing jm against SW on belief-based #TitleVII claim of flight attendant who posted/sent abortion images, affirms on practice-based claim & against Union #appellatesky #lawsky baffc.net/46Uanhx

US v King: #5thCir grants #rehearing, substitutes opinion affirming calculation of base offense level using LA #armedrobbery conviction as #crimeofviolence, remands to ensure written judgment conforms to oral pronouncement #appellatesky #lawsky baffc.net/4nxBKU2

Brito Guevara v Francisco Castro: #5thCir grants #rehearing, reveres/orders return of child removed by mother from lawful #custody of father in #Venezuela: well-settled defense didn't bar return #HagueConvention #custody #appellatesky #lawsky baffc.net/4nhbcpU

Doe v City View ISD: #5thCir denies #rehearing, substitutes opinion affirming dismissal: student's #TitleIX claims re official cover up of #sexualabuse by high school teacher were barred by statute of limitations #appellatesky #lawsky baffc.net/462GUjO

Galbraith v Hooper: #5thCir grants #rehearing, reverses, denies #habeas relief to LA prisoner claiming #parole rescission violated #dueprocess: prisoner should have brought state habeas proceeding #dissent #appellatesky #lawsky baffc.net/4lWNgaB