Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Telephone Consumer Protection Act Affirming summary judgment dismissal of TCPA claim. Bradford sued, claiming that prerecorded calls the company made to his cell phone violated the TCPA because they lacked “prior express written consent” and constituted telemarketing. The panel held that (1) the TCPA itself … More February 25-26, 2026, opinions
Designated for publication per curiam (Smith, Richman, Graves) (oral argument), free exercise, mootness On receiving an answer of “no” from the Texas Supreme Court on the certified question of whether Texas’s Code of Judicial Conduct prohibited judges from publicly refusing to perform same-sex weddings while continuing to perform opposite-sex weddings, holding that the suit was … More February 24, 2026, opinions
Designated for publication Smith, J. (Smith, Richman; Dennis on argument panel, but decision decided on a quorum due to Judge Dennis taking inactive status) (oral argument); qualified immunity Reversing denial of qualified immunity defense to officer defendant on plaintiff’s § 1983 Fourth Amendment search claim, and rendering judgment of dismissal. In this 42 U.S.C. § … More February 23, 2026, opinions
As of yesterday, February 23, 2026, Judge James L. Dennis, who took senior status in December 2022, has taken full inactive senior status. Judge Dennis has long been a giant in the law. Judge Dennis was born in January 1936, in Monroe, LA. After serving in the United States Army from 1955-1957, he attended Louisiana … More Judge James L. Dennis takes inactive status
Designated for publication per curiam (en banc; Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, voting against en banc rehearing; Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, voting for en banc rehearing) (oral argument at panel stage), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith); en banc, qualified … More February 20, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Smith, Wilson) (oral argument withdrawn), artificial intelligence, sanctions After unpublished per curiam opinion entered January 6, 2026, vacating sanctions order against plaintiff on Fair Credit Reporting Act claim, the Court of Appeals issued an order for the plaintiff’s counsel to show cause why the Court of Appeals should not … More February 18-19, 2026, opinions
Unpublished decisions per curiam (Richman, Southwick, Willett) (no oral argument), Federal Tort Claims Act, service of process Affirming dismissal of FTCA claim for lack of sufficient service of process. per curiam (Stewart, Graves, Oldham) (no oral argument), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Smith, Haynes, Oldham) (no oral argument), § … More February 16, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (no oral argument), immigration, Religious Freedom Restoration Act, res judicata Withdrawing December 15, 2025, opinion and substituting new opinion affirming dismissal of challenge to denial of visa for foreign student plaintiff sought to sponsor under the Religious Freedom Restoration Act, but in change from original panel opinions … More February 12-13, 2026, opinions
Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), preemption, standing, injunction Denying motion for injunction pending appeal of dismissal of nicotine retailers and industry actors’ challenge to Mississippi statute prohibiting sale of electronic nicotine devices that lacked FDA approval. The Fifth Circuit denied the plaintiffs’ motion for an injunction pending appeal of … More February 11, 2026, opinions
Designated for publication Smith, J. (Elrod, Smith, Wilson) (oral argument), civil rights, injunction, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from denial of motion to dismiss or strike plaintiffs’ motion to modify a desegregation injunction for the Parish School Board. The case arises from a long-running school desegregation injunction imposed on the School … More February 10, 2026, opinions
