Author: tadbartlett

I am special counsel at Fishman Haygood LLP, focusing on appeals in all matters, as well as litigation in environmental land-damage, coastal land-loss, and complex commercial matters. I am also a writer, and I'm the managing editor of literary journal The Peauxdunque Review.

April 6, 2026, opinions

April 7, 2026

Unpublished decisions per curiam (Elrod, Higginbotham, Graves) (oral argument), criminal, sentencing Affirming 27-month sentence on conviction of wire fraud arising from a scheme to defraud the Small Business Administration by submitting fraudulent PPP and Economic Injury Disaster Loan applications, obtaining $1,196,588 in loan proceeds. Lewis challenged her 27-month sentence, arguing the district court clearly erred … More April 6, 2026, opinions

April 3, 2026, opinions

April 6, 2026

Unpublished decisions per curiam (King, Haynes, Ho) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Jones, Ho) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Richman, Ramirez) (no oral argument), prisoner suit, Bivens claim Dismissing as frivolous appeal from dismissal of … More April 3, 2026, opinions

April 2, 2026, opinions

April 3, 2026

Designated for publication Duncan, J. (Jones, Duncan, Douglas) (oral argument), breach of contract, insurance Affirming dismissal of claims under two sections of reinsurance agreement, but reversing dismissal of claim under a third section, and remanding for further proceedings. Porch.com’s subsidiary, Homeowners of America Insurance Co. (HOA), entered into a reinsurance-intermediary-authorization agreement (RIAA) with Gallagher, a … More April 2, 2026, opinions

April 1, 2026, opinions

April 2, 2026

Unpublished decisions per curiam (Richman, Duncan, Oldham) (oral argument withdrawn), criminal, expert witness, sufficiency of evidence Affirming conviction of eight counts of sexually exploiting children, and 192-year prison sentence. Toshemie Wilson, a Mississippi high school teacher from 2005 to 2022, was convicted of eight counts of sexually exploiting children in violation of 18 U.S.C. § … More April 1, 2026, opinions

March 31, 2026, opinions

April 1, 2026

Designated for publication per curiam (Southwick, Duncan, Engelhardt) (oral argument), mootness, criminal, Crime Victims’ Rights Act, mandamus Denying writs of mandamus sought by families of victims of Boeing air crash that challenged a Deferred Prosecution Agreement and a subsequent non-prosecution agreement between the Department of Justice and Boeing. Following two Boeing 737 MAX crashes — … More March 31, 2026, opinions

March 30, 2026, opinions

March 31, 2026

Designated for publication Jones, J. (en banc; joined by Elrod, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (oral argument); Southwick, J., concurring only in the holding that the court has jurisdiction to consider this appeal; Richman, J., concurring in part/dissenting in part; Haynes, J., dissenting (joined by Stewart, Graves, Higginson, Douglas, Ramirez); Higginson, J., dissenting … More March 30, 2026, opinions

March 27, 2026, opinions

March 28, 2026

Designated for publication Higginson, J. (Wiener, Haynes, Higginson) (oral argument), Appointments Clause, administrative law Affirming summary judgment for plaintiffs challenging Gulf of Mexico fishery management plan. Commercial Greater Amberjack fishers challenged Amendment 54 to the Gulf of Mexico fishery management plan, which slashed commercial catch limits by roughly 80%. They argued that members of the … More March 27, 2026, opinions

Take the Fifth has spawned a new Substack: “Not Taking the Fifth”

March 28, 2026

Many thanks to all of you who have found value in these posts on daily Fifth Circuit opinion releases and the monthly and annual compilations of statistics that I mine from those releases. And curses to those of you who have said, “You should have a Substack,” because now there is one. It isn’t “Take … More Take the Fifth has spawned a new Substack: “Not Taking the Fifth”

March 26, 2026, opinions

March 27, 2026

Designated for publication Higginson, J. (Haynes, Higginson, Ho) (no oral argument), antitrust Reversing grant of state-action immunity on plaintiff’s Sherman Act claims against city. Megatel Homes sought to develop roughly 517 acres (the “Cipriani Property”) located outside the City of Mansfield’s corporate boundaries but within its extraterritorial jurisdiction. To obtain water, Megatel needed service from … More March 26, 2026, opinions