Designated for publication Richman, J. (Richman, Oldham, Ramirez) (oral argument withdrawn), Oldham, J., dissenting; maritime law, expert witness, toxic tort Affirming summary judgment for defendant in maritime toxic tort arising from Deepwater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
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
