On Monday, March 16, inactive senior-status U.S. Fifth Circuit Judge E. Grady Jolly passed away. Judge Jolly had been one of the longest-serving judges on the Fifth Circuit; he was nominated by President Ronald Reagan and confirmed by the Senate to the Court in July 1982. While he took senior status 35 years later, in … More Judge E. Grady Jolly has passed away
Designated for publication Higginson, J. (King, Higginson, Wilson) (oral argument withdrawn), Title IX, costs Affirming costs award to defendant on plaintiffs’ Title IX claims. Eight former student-athletes on SMU’s women’s rowing team sued the university for gender-based discrimination under Title IX and negligence under Texas law, alleging that substandard coaching, athletic training, and medical treatment … More March 16, 2026, opinions
Designated for publication Duncan, J. (Haynes, Duncan, Ramirez) (oral argument); criminal, sentencing Affirming sentence on conviction of bank robbery, as enhanced for prior crime of violence for prior convictions of Louisiana armed robbery. The Fifth Circuit affirmed the defendant’s 151-month sentence for bank robbery, holding that his prior Louisiana convictions for armed robbery and attempted … More March 12-13, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), Haynes, J., “simply joins in the denial” without separate concurring opinion; class action, mandamus, Fair Labor Standards Act Denying writ of mandamus from district court’s certification of collective action under the Fair Labor Standards Act. The Fifth Circuit denied the employer’s petition for a … More March 10-11, 2026, opinions
Designated for publication Engelhardt, J. (Higginson, Willett, Engelhardt) (oral argument), Willett, J., concurring in part; class action, employment, Americans with Disabilities Act Affirming district court’s rejection of two proposed classes and certification of one modified subclass of United Airlines employees who sought religious accommodations from COVID-19 vaccine mandate and who were accommodated with unpaid leave. … More March 9, 2026, opinions
Designated for publication Summerhays, J. (Jones, Engelhardt, Summerhays, by designation) (oral argument), maritime law Affirming summary judgment for vessel owner on longshore worker’s claim of vessel negligence. Balvina Renteria, a longshore worker unloading cargo from the M/V Star Juventas, fell about ten feet when she stepped on plastic sheeting covering a gap between stacked rolls … More March 6, 2026, opinions
Designated for publication Davis, J. (Davis, Jones, Stewart) (no oral argument), criminal Affirming conviction of possession of a firearm by a felon. Lester Landrum pleaded guilty but preserved constitutional challenges to the statute, arguing that it violates the Second Amendment (both facially and as applied), the Equal Protection Clause, the Commerce Clause, and that it … More March 4-5, 2026, opinions
Designated for publication Graves, J. (Clement, Graves, Ho) (oral argument), breach of contract, choice of law, indemnification, attorneys’ fees Affirming in part and vacating in part summary judgment for plaintiff on claim for indemnification for lawsuits arising from alleged fraudulent over-billing, and affirming in part and vacating in part award of attorneys’ fees, and remanding. … More March 3, 2026, opinions
Designated for publication per curiam (Clement, Douglas, Ramirez) (no oral argument), criminal, sentencing Affirming 71-month sentence for conviction of conspiracy to transport aliens and transporting aliens, by applying sentencing enhancement for transporting an unaccompanied minor. Luis Francisco Corona-Montano was convicted for conspiracy to transport aliens and transporting aliens after he picked up a group of … More March 2, 2026, opinions
We report after each month on interesting statistics from the data we 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.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More February 2026 opinion statistics
