I report after each month on interesting statistics from the data I generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) I aggregate that–all of which provides useful insights into the inner workings of the Court, the relative success … More October 2026 opinion statistics
Designated for publication Ho, J. (Stewart, Higginson, Ho) (no oral argument), removal, diversity jurisdiction, personal tort Vacating remand order in case removed on basis of diversity jurisdiction, and remanding to federal district court for further proceedings. Rubidia De Chavez and other plaintiffs brought a state-law tort suit following the death of her husband against several … More October 30, 2026, decisions
Designated for publication Higginson, J. (Smith, Higginson, Wilson) (no oral argument), criminal, appeal waiver On remand from U.S. Supreme Court, dismissing appeal of conviction and sentence on basis of appeal waiver in plea agreement. Rashon Harris pleaded guilty to possession of methamphetamine with intent to distribute under 21 U.S.C. § 841(a) and received a 240-month … More October 29, 2026, opinions
Designated for publication en banc (oral argument at panel stage); en banc, standing, preemption, First Amendment Granting en banc rehearing of July 24, 2026, panel opinion (Higginbotham, Ho, Douglas; Ho, J., dissenting in part) that had affirmed preliminary injunction of Texas social media regulation statute as to monitoring and filtering requirements as preempted by federal … More October 28, 2026, opinions
Designated for publication Richman, J. (Richman, Oldham, Ramirez) (oral argument withdrawn), Oldham, J., dissenting; maritime law, expert witness, toxic tort Affirming summary judgment for defendant in maritime toxic tort arising from Deepwater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 Smith, J. (Smith, Haynes, Enhelhardt) (oral argument), timeliness, Americans with Disabilities Act Reversing dismissal of ADA claim as time-barred, holding that claim was tolled under American Pipe. James Bien worked for Union Pacific as a locomotive train conductor. After failing two color vision tests in 2013, he was removed from his conductor … More October 26, 2026, opinions
Designated for publication Higginson, J. (Haynes, Higginson, Ho) (oral argument), standing, breach of contract, Federal Wiretap Act Reversing dismissal of suit based on use of Meta “Pixel” on defendant’s website, on standing grounds, and remanding. Eyemart Express operates retail stores and a website where customers browse products, purchase prescription eyewear, and schedule eye exams. Eyemart … More October 23, 2026, opinions
Designated for publication Higginson, J. (Southwick, Higginson, Douglas) (oral argument), Freedom of Information Act, administrative law Reversing in part summary judgment for FEMA on plaintiff organization’s FOIA challenge, reversing dismissal of case with prejudice, finding that additional record development was required to determine equitable relief, and remanding for further development of the record. La Unión … More October 22, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), Second Amendment, standing, Commerce Clause, Federal Switchblade Act Reversing dismissal of claim that § 1242 of the Federal Switchblade Act was unconstitutional under the Second Amendment, affirming dismissal of facial challenge to § 1243 of the Act, and remanding for further proceedings. Knife Rights, Inc., … More October 21, 2026, opinions
Designated for publication Smith, J. (Smith, Clement, Higginson) (no oral argument), appeal waiver, criminal, sentencing On remand from Supreme Court, withdrawing September 18 panel opinion (also post-remand) and substituting with new opinion, dismissing appeal of sentence on enforcement of appeal-waiver in guilty plea. Devin Chaney pleaded guilty to Hobbs Act Robbery and Armed Bank Robbery, … More October 19-20, 2026, opinions
