Month: January 2026

January 30, 2026, opinions

January 31, 2026

Unpublished decisions per curiam (Smith, Higginson, Wilson) (no oral argument), criminal, search and seizure Affirming conviction of possession with intent to distribute cocaine, upholding denial of motion to suppress. per curiam (Richman, Engelhardt, Wilson) (oral argument withdrawn), Title VI, sec. 1983 Affirming dismissal of claims by student dismissed from medical school for unsatisfactory academic performance. … More January 30, 2026, opinions

January 29, 2026, opinions

January 30, 2026

Designated for publication Smith, J. (Elrod, Smith, Wilson) (oral argument), coram nobis Affirming denial of writ of coram nobis seeking vacatur of conviction for wire fraud and bank fraud and or restitution award on basis of IAC. Eugene Lockhart, who pleaded guilty to wire and bank fraud and was sentenced to 54 months in prison … More January 29, 2026, opinions

January 28, 2026, opinions

January 29, 2026

Unpublished decisions per curiam (Higginbotham, Ho, Douglas) (no oral argument), criminal, jury instructions, sentencing, sufficiency of evidence Affirming 84-month sentence and conviction of one count of conspiracy to distribute a controlled substance and six counts of unlawful distribution of a controlled substance. per curiam (Wiener, Engelhardt, Oldham) (no oral argument), Oldham, J., dissenting; criminal, compassionate … More January 28, 2026, opinions

January 27, 2026, opinions

January 28, 2026

Designated for publication Higginson, J. (Southwick, Higginson, Wilson) (oral argument), insurance, jurisdiction Remanding appeal from denial of motion to compel arbitration to district court to consider motions pending in case in light of holding that court lacks subject-matter jurisdiction due to inapplicability of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to … More January 27, 2026, opinions

January 23-26, 2026, opinions

January 27, 2026

Unpublished Decisions per curiam (Wiener, Willett, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Willett, Wilson) (no oral argument), criminal, sentencing Affirming sentence on conviction of conspiracy to commit bank fraud. per curiam (Elrod, Smith, Wilson) (oral argument), § 1983 Affirming summary judgment on survivorship claims arising … More January 23-26, 2026, opinions

All the January Fifth Circuit En Banc Observations

January 23, 2026

Even with one of the en banc arguments canceled and the appeal dismissed for mootness, this was still an en banc sitting for the Fifth Circuit record books. Seven cases heard in six en banc arguments (the two 10 Commandments cases having been consolidated for oral argument only), and on a holiday-shortened week, at that. … More All the January Fifth Circuit En Banc Observations

En banc argument observations: Bay Area Unitarian Universalist Church (gun signage)

January 23, 2026

End of the en banc week at the U.S. Fifth Circuit, one for the record books, and it started early, moving the argument up from 9:00 to 8:30 to give judges and staffs time to get back home, some of them to places that will be snow- and ice-bound starting tonight. Plus, the day’s arguments … More En banc argument observations: Bay Area Unitarian Universalist Church (gun signage)

January 21, 2026, opinions

January 23, 2026

Designated for publication Ramirez, J. (Smith, Stewart, Ramirez) (oral argument), trade secrets Affirming judgment as a matter of law vacating jury’s $75 million damages award on trade secrets misappropriation claim, and summary judgment dismissal of alternative misappropriation of confidential information claims. Trinseo Europe GmbH sued KBR, Stephen Harper, and related consulting entities, alleging misappropriation of … More January 21, 2026, opinions

En banc observations: U.S. v. Texas and W.M.M. v. Trump (immigration day)

January 22, 2026

While observing en banc oral arguments today at the Fifth Circuit, it was hard not to have the driving riff of Led Zeppelin’s “Immigrant Song” on repeat in my head, because today was definitely immigration day. It also was a day of driving riffs, because three out of the four advocates today were the best … More En banc observations: U.S. v. Texas and W.M.M. v. Trump (immigration day)

En banc observations: Holberg (habeas/Brady) and Airlines for America (airline-fee rulemaking); also, adding some hunches

January 21, 2026

Continuing with trying something new here, recording observations from the questions asked at the January en banc sitting. And, contrary to my protest otherwise yesterday, I am giving in to the temptation to try some predictions hunches on the decisions the arguments might lead to, based on the questions and on the judges’ prior inclinations … More En banc observations: Holberg (habeas/Brady) and Airlines for America (airline-fee rulemaking); also, adding some hunches