Designated for publication Southwick, J. (Elrod, Higginbotham, Southwick), maritime law Vacating and remanding for further proceedings the district court’s summary judgment on the question of the existence of a valid maritime lien on barges that shipyard and performed substantial changes to; and dismissing appeal in part. The Fifth Circuit held that the district court erred … More May 22, 2025, opinions
Designated for publication U.S. v. West, 22-11001, appeal from N.D. Tex. (denying panel reh’g but substituting new op.) per curiam (Elrod, Willett, Duncan), Willett, J., concurring; Duncan, J., concurring; criminal, sentencing, restitution, appeal waiver Vacating $6,000 restitution order as part of sentence for production of child pornography, and remanding for further proceedings; also, on Court’s … More May 21, 2025, opinions
Designated for publication per curiam (Ho, Wilson, Ramirez), Ho, J., concurring; appellate jurisdiction On remand from the U.S. Supreme Court with an order for the Fifth Circuit to hear the appeal expeditiously, ordering the case to be set on the next available oral argument panel. Judge Ho concurred, noting that the Court had to comply … More May 20, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Jones, Stewart), administrative law, First Amendment Vacating FCC order requiring certain disclosures by broadcasters of employment demographics information. Petitioners challenged the FCC’s order requiring broadcasters to submit employment data through Form 395-B, raising four arguments, but the Court focused solely on the first: whether the FCC had statutory authority … More May 19, 2025, opinions
Designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), personal tort, Federal Tort Claims Act Affirming judgment in favor of plaintiff in personal injury and death arising from an auto collision with a U.S. Postal Service vehicle that then caused the plaintiff to go forward and collide with his neighbor’s house. The Court analyzed a case … More May 16-18, 2025, opinions
Designated for publication Southwick, J. (Wiener, Stewart, Southwick), supervised release, criminal Affirming revocation of supervised release based on failure to report to federal parole officer and on state crimes while on release, even though arrest for revocation of supervised release did not occur until after term of supervised release was over, upholding invocation of jurisdiction … More May 15, 2025, opinions
Designated for publication Engelhardt, J. (Graves, Engelhardt, Oldham), Graves, J., dissenting; Americans with Disabilities Act Affirming dismissal of former employee’s ADA claims on the pleadings. The Court held that Turner cannot establish a prima facie case of disability discrimination under the ADA because he failed to demonstrate that he was “qualified” for the job, having … More May 14, 2025, opinions
Designated for publication Graves, J. (Graves, Engelhardt, Oldham), breach of fiduciary duty Affirming dismissal of breach of fiduciary duty claims brought in a shareholder derivative suit by company’s shareholders against company’s directors. The Court held that shareholders must either make a litigation demand to the board or show demand futility by demonstrating that at least … More May 13, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Higginbotham, Southwick), toxic torts, expert witness Affirming exclusion of plaintiff’s expert testimony in Deepwater Horizon-cleanup-related toxic tort action, and affirming summary judgment for defendant, but clarifying Circuit’s requirements for causation proof in an expert report. Under Daubert and Rule 702, expert testimony is admissible if it is both relevant … More May 12, 2025, opinions
Designated for publication Clement, J. (Clement, Engelhardt, Wilson), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Reversing the denial of Southwest’s motion for judgment as a matter of law on employee’s belief-based Title VII claim and RLA retaliation claim and remanding with instructions for the district court to enter judgment for Southwest; affirming … More May 8-9, 2025, opinions
