Designated for publication Smith, J. (Smith, Graves, Duncan), Equal Protection Clause, Title VI, mootness Affirming dismissal of challenge to University of Texas’s pre-Harvard policy as moot, reversing mootness dismissal of challenge to post-Harvard policy, and remanding for further proceedings. The Fifth Circuit considered whether UT’s revised admissions practices complied with the Supreme Court’s 2023 ruling … More July 11, 2025, opinions
Designated for publication Douglas, J. (Dennis, Oldham, Douglas), Dennis, J., dissenting; sec. 1983, pretrial detention Affirming dismissal of claims by pretrial detainee regarding the alleged misuse of suicide watch protocols by county and county officials. Ronnie Alexander, a pretrial detainee at Henderson County Jail, was moved to a “violent cell” after he falsely claimed to … More July 10, 2025, opinions
Unpublished decisions per curiam (Dennis, Oldham, Douglas), criminal, search and seizure Affirming conviction of various drug offenses, upholding district court’s denial of his motion to suppress and its refusal to sever his trial from his co-defendant’s. per curiam (King, Haynes, Ho), prisoner suit Dismissing as frivolous Texas state prisoner’s appeal from dismissal of sec. 1983 … More July 9, 2025, opinions
Unpublished decisions per curiam (Richman, Southwick, Willett), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing Affirming 18-month sentence on revocation of supervised release. per curiam (Barksdale, Higginson, Wilson), criminal, sentencing Affirming 135-month sentence on conviction of conspiracy to possess, with intent to distribute, five kilograms or more … More July 8, 2025, opinions
Designated for publication Willett, J. (Richman, Willett, Douglas), Douglas, J., concurring; labor law Reversing NLRB order that Apple violated the National Labor Relations Act at an Apple retail store by coercively interrogating an employee and by removing unionization literature from a break room. This Fifth Circuit case arises from unionization efforts at an Apple retail … More July 7, 2025, opinions
Designation for publication Jones, J. (Jones, Oldham, Hendrix, by designation), Oldham, J., concurring; governmental immunity, collateral order doctrine Reversing denial of governmental immunity against police detective for investigation against and prosecution of personnel with a business neighboring the business of the detective’s employer in his moonlighting gig. This case concerns Detective Genaro Hernandez of the … More July 3-5, 2025, opinions
Designated for publication Graves, J. (Smith, Graves, Duncan), trademark infringement, Lanham Act Affirming summary judgment in defendants’ favor on Lanham Act trademark infringement claims. This case stems from a dispute among members of the 1990s R&B group Jade. Di Reed sued her former bandmates Joi Marshall and Tonya Harris, along with a new singer, Myracle … More July 2, 2025, opinions
Designated for publication Richman, J. (Wiener, Richman, Willett), Willett, J., dissenting; due process Affirming denial of preliminary injunction to plaintiff in plaintiff’s challenge to city ordinance regulating short-term lending. In this case, TitleMax of Texas challenged an amendment to a City of Dallas ordinance that expanded local regulation of short-term lending. The amendment extended prior … More July 1, 2025, 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 June 2025 opinion statistics
Designated for publication Smith, J. (Smith, Graves, Duncan), Graves, J., concurring in part and in judgment; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon, holding that “disarming drug traffickers accords with the nation’s history and tradition of firearm regulation[.]” Judge Graves concurred in part and concurred in the judgment. “Based … More June 30, 2025, opinions
