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”
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
Designated for publication Stewart, J. (Davis, Jones, Stewart) (no oral argument), appellate jurisdiction, receivership, mootness Affirming district court’s judgment approving sale of one property in receiver-managed sale, while dismissing appeal as to another sale order and as to settlement-ratification orders. The SEC sued Timothy Barton for alleged violations of the Exchange Act and the Securities … More March 25, 2026, opinions
Designated for publication per curiam (Wiener, Willett, Wilson) (no oral argument), Willett, J., concurring (joined by Wilson, J.); criminal, Second Amendment, Commerce Clause Affirming conviction of possession of a firearm by a felon Jaterron Williamson was convicted of possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1). He had three prior … More March 23, 2026, opinions
Designated for publication Jones, J. (Jones, Barksdale, Ho) (no oral argument), Ho, J., concurring; separation of powers, administrative law Granting petition for review and vacating FTC cease-and-desist order as to Intuit’s advertisements for TurboTax. Intuit sells TurboTax, including a “Free Edition” available only to taxpayers with “simple tax returns”—a category that excludes the majority of … More March 20, 2026, opinions
Designated for publication Jones, J. (King, Jones, Oldham) (oral argument), King, J., dissenting; personal torts, First Amendment Reversing summary judgment dismissal of negligence claims against protest organizer by police officer who was injured while responding to the protest, and remanding for trial of claims. Officer John Ford was struck in the head with a piece … More March 19, 2026, opinions
Designated for publication Duncan, J. (Haynes, Duncan, Ramirez) (oral argument), contract, bankruptcy, indemnification Affirming denial of plaintiff creditor’s objection to debtor’s reorganization plan. Midea, the manufacturer of Instapot cooking appliances, and Corelle operated under a 2016 master supply agreement (MSA) whereby Corelle placed individual purchase orders (POs) specifying price, quantity, packaging, and delivery terms. The MSA … More March 18, 2026, opinions
Designated for publication Smith, J. (Smith, Wiener, Higginson) (oral argument), criminal, sentencing, equal protection clause Affirming conviction and 30-year sentence for production and attempted production of child pornography. Nautica Hamilton, a day care worker at the Lubbock YWCA, pleaded guilty to production and attempted production of child pornography after photographing the genitalia of an 18-month-old … More March 17, 2026, opinions
On Monday, March 16, inactive senior-status U.S. Fifth Circuit Judge E. Grady Jolly passed away. Judge Jolly had been one of the longest-serving judges on the Fifth Circuit; he was nominated by President Ronald Reagan and confirmed by the Senate to the Court in July 1982. While he took senior status 35 years later, in … More Judge E. Grady Jolly has passed away
Designated for publication Higginson, J. (King, Higginson, Wilson) (oral argument withdrawn), Title IX, costs Affirming costs award to defendant on plaintiffs’ Title IX claims. Eight former student-athletes on SMU’s women’s rowing team sued the university for gender-based discrimination under Title IX and negligence under Texas law, alleging that substandard coaching, athletic training, and medical treatment … More March 16, 2026, opinions
