Category: Take the Fifth

August 5, 2026, opinions

August 6, 2026

Designated for publication Graves, J. (Wiener, Haynes, Graves) (oral argument), takings, preemption Affirming dismissal of challenges to City’s short-term rentals regulations. New Orleans has enacted a series of ordinances to address the negative effects of short-term rentals (e.g., Airbnb) on residential neighborhoods, including noise, trash, loss of neighborhood character, and reduced affordable housing. A group … More August 5, 2026, opinions

August 4, 2026, opinions

August 5, 2026

Designated for publication Willett, J. (Willett, Engelhardt, Douglas) (oral argument withdrawn), Privileges and Immunities Clause, Equal Protection, preliminary injunction Reversing denial of preliminary injunction to plaintiff challenging Texas residency provisions for escrow-officer license, and remanding with instructions to enter preliminary injunction. Geoffrey Polk, a resident of Illinois licensed to practice law in approximately forty jurisdictions … More August 4, 2026, opinions

August 3, 2026, opinions

August 5, 2026

Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), personal tort, preemption Reversing judgment for defendant on claims arising from fatal truck-auto accident in which one of defendant’s employee’s was the involved truck driver; and remanding for further proceedings. Satnam Singh Lehal’s tractor-trailer jackknifed on the way to Laredo, Texas, crossed into oncoming … More August 3, 2026, opinions

July 31, 2026, opinions

August 3, 2026

Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Granting motion to modify original panel opinion rendered June 8, 2026, and substituting new opinion that likewise affirmed tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. Anne Milner Fields, a businesswoman diagnosed with Alzheimer’s in 2011, … More July 31, 2026, opinions

July 30, 2026, opinions

July 31, 2026

Designated for publication per curiam (en banc; voting against en banc rehearing: Elrod, Jones, Smith, Richman, Southwick, Haynes, Ho, Duncan, Oldham, Wilson; voting for en banc rehearing: Stewart, Graves, Higginson, Willett, Douglas, Ramirez; Englehardt, J., not participating), Ho, J., concurring in denial, Willett, J., dissenting from denial (joined by Stewart, Graves, Higginson, Douglas, Ramirez) (oral … More July 30, 2026, opinions

July 28-29, 2026, opinions

July 30, 2026

Designated for publication Davis, J. (Davis, Smith, Higginson) (no oral argument), criminal, sentencing On remand from U.S. Supreme Court, dismissing appeal of 51-month sentence on basis of appeal-waiver in plea agreement. Munson Hunter pleaded guilty to one count of aiding and abetting wire fraud arising from a scheme that caused approximately half a million dollars … More July 28-29, 2026, opinions

July 27, 2026, opinions

July 28, 2026

Unpublished decisions per curiam (Haynes, Graves, Ramirez) (no oral argument), prisoner suit Reversing in part and affirming in part dismissal of Texas state prisoner’s sec. 1983 claims. At issue on appeal was whether a Texas prisoner stated viable 42 U.S.C. § 1983 claims for (1) failure to protect under the Eighth Amendment against a sergeant … More July 27, 2026, opinions

July 24, 2026, opinions

July 27, 2026

Designated for publication Douglas, J. (Higginbotham, Ho, Douglas), Ho, J., dissenting in part (oral argument); standing, preemption, First Amendment Affirming preliminary injunction of Texas social media regulation statute as to monitoring and filtering requirements as preempted by federal law; vacating injunction as sought by certain plaintiffs for lack of standing; and remanding for further proceedings. … More July 24, 2026, opinions

July 22-23, 2026, opinions

July 24, 2026

Designated for publication Ramirez, J. (Jones, Stewart, Ramirez), Jones, J., dissenting in part (oral argument); criminal, sentencing Affirming in part and reversing in part sentence on conspiracy charges, and remanding for resentencing. Trayvon Murphy was a member of a New Orleans street gang led by co-defendant Julius Alexander. Murphy pleaded guilty—without a plea agreement—to conspiracy … More July 22-23, 2026, opinions