Designated for publication per curiam (Smith, Higginson; decided by quorum as Judge Wiener was originally on panel but did not participate in decision) (oral argument); Rule 59; attorney misconduct; juror statements; First Amendment Vacating judgment for defendant on First Amendment claims by member of public whose comments at Parish Council meeting were cut off. Joy … More October 16, 2026, decisions
Designated for publication Clement, J. (Elrod, Clement, Oldham) (no oral argument), administrative law Granting petition for review of FCC creation of entity to administer universal service programs, and remanding to FCC. The FCC collects billions of dollars annually from telecommunications carriers to fund universal service programs—Lifeline, High Cost, E-Rate, and Rural Health—through the Universal Service … More October 15, 2026, opinions
Unpublished decisions per curiam (Clement, Engelhardt, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Ho, Wilson) (no oral argument), employment discrimination, appellate jurisdiction Dismissing for lack of timely notice of appeal, appeal from dismissal of employment discrimination claims and denial of motions for reconsideration. Pro se plaintiff … More October 14, 2026, opinions
Designated for publication per curiam (Higginson, Willett, Oldham) (no oral argument), Oldham, J., concurring in judgment; judgment execution, appeal bond Denying motion to apply Texas-law cap to supersedeas bond amount to stay a judgment pending appeal. A jury returned a verdict against members of the Mulacek family, and the district court entered a judgment exceeding … More October 13, 2026, opinions
Designated for publication Smith, J. (Smith, Haynes, Engelhardt) (oral argument), criminal, sentencing Affirming 84-month sentence on conviction of healthcare fraud and wire fraud. Benjamin Tekippe, a chiropractor who owned and operated Metairie Chiropractic & Rehab, was convicted by a jury of six counts of health care fraud and one count of wire fraud. Over roughly … More October 12, 2026, opinions
Designated for publication en banc per curiam (coting against rehearing: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez; voting for rehearing: Jones, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (no oral argument); Richman, J., concurring in denial of rehearing; Ho, J., dissenting from denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined … More October 9-10, 2026, opinions
Designated for publication Douglas, J. (Clement, Oldham, Douglas) (oral argument withdrawn), breach of contract, expert witness, mandate Affirming defense judgment after bench trial on remand from reversal of earlier summary judgment for defendant. Energy trading firm MIECO contracted with natural gas producer Pioneer for the daily sale of 20,000 million British thermal units of natural … More October 8, 2026, opinions
Designated for publication Douglas, J. (Jones, Duncan, Douglas) (oral argument), standing, subject matter jurisdiction, administrative law Affirming dismissal of suit challenging final rules of the Department of Energy under the Energy Policy and Conservation Act, holding that the Circuit Courts Appeals had exclusive jurisdiction over such judicial review challenged under the EPCA, to the exclusion … More October 6-7, 2026, opinions
Designated for publication per curiam (Smith, Ho, Duncan) (no oral argument), habeas corpus, Atkins, timeliness Denying motion for authorization to file a successive habeas application and for stay of execution. Jamaal Howard, convicted of murder and sentenced to death for the 2000 shooting death of Vickie Swartout in Silsbee, Texas, was scheduled for execution on … More October 5, 2026, opinions
Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions
