Designated for publication Duncan, J. (King, Duncan, Engelhardt) (oral argument before original panel decision), nondelegation doctrine, appointments clause, due process, standing On remand from the U.S. Supreme Court, for reconsideration of the panel’s original July 5, 2024, decision in light of FCC v. Consumers’ Research, reissuing the original panel decision, with a new section explaining how FCC does … More June 11, 2026, opinions
Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), Title VII, Age Discrimination in Employment Act, employment discrimination Affirming dismissal of employment discrimination claims. At issue on appeal was whether a pro se plaintiff’s Title VII and ADEA claims against True Coverage were properly dismissed for failure to exhaust administrative remedies (no EEOC charge … More June 10, 2026, opinions
Designated for publication Douglas, J. (Southwick, Higginson, Douglas) (oral argument), trade secrets, RICO Reversing dismissal of plaintiff’s RICO/theft-of-trade-secrets claim, and remanding for further proceedings. EnvTech, Inc. is a company that developed a confidential proprietary one-step chemical formula and cleaning process for hydrofluoric acid alkylation (“HF alky”) units in oil refineries, controlling roughly 80% of the … More June 9 2026, opinions
Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Affirming tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. As Anne Milner Fields’s health rapidly declined in 2016 due to end-stage Alzheimer’s, her great-nephew and agent Bryan Milner transferred approximately $17 million of her assets into … More June 8, 2026, opinions
Unpublished decisions per curiam (Smith, Willett, Ramirez) (no oral argument), insurance Affirming judgment in favor of insurer in claim on fidelity policy for a loss from financial fraud. Blue Compass RV paid over $1.25 million on a construction invoice using banking information it received through a fraudulent email impersonating its contractor, SPD Construction. It sought … More June 5, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument at motion stage), Haynes, J., concurring in order only (w/o op.); First Amendment, vagueness, injunctions Granting defendant Texas’s motion for stay of preliminary injunction pending appeal regarding SB 2420, which placed age and parental-guidance regulations on app stores and in-app purchases. The Texas Legislature … More June 4, 2026, opinions
Designated for publication Clement, J. (Clement, Southwick, Engelhardt) (no oral argument), qualified immunity, appellate jurisdiction Vacating judgment denying dismissal and failing to mention qualified immunity defense, and remanding for further proceedings. Plaintiffs Patricia Anna Wertenbroch and Kulwant Singh Atwal sued Clint Hardeman, the City Manager of Pittsburg, Texas, under 42 U.S.C. § 1983, alleging he … More June 3, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions
Designated for publication per curiam (en banc: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ., voting against rehearing; Jones, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for rehearing) (oral argument at panel stage); election law, standing, sovereign immunity, en banc Denying rehearing en banc of December 31, 2025, panel opinion (Richman, … More June 1, 2026, opinions
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 May 2026 opinion statistics
