Designated for publication Smith, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., dissenting in part; criminal, sentencing Affirming conviction and sentence for possession of a firearm as an alien admitted under a nonimmigrant visa. The Fifth Circuit affirmed Moctar Ahmadou’s conviction and 78-month sentence for possessing a firearm as a nonimmigrant under 18 U.S.C. § … More November 25, 2025, opinions
Designated for publication Duncan, J. (Smith, Graves, Duncan) (no oral argument), diversity jurisdiction, commercial litigation Affirming that diversity jurisdiction exists, and affirming summary judgment for lender/plaintiff holding defendants liable as guarantors for loans made by Appellees Cadence Bank and Century Bank. The Banks made two large loans to Bridgelink Engineering LLC (which the Johnsons managed) … More November 24, 2025, opinions
Designated for publication Higginson, J. (Higginson, Ho, Wilson) (oral argument), trade secrets, injunction Vacating permanent injunction imposed with regard to claimed misappropriation of trade secrets, but otherwise affirming judgment of trade-secret-misappropriation liability on jury verdict, $56 million compensatory damages award, and $112 million exemplary damages award. Computer Sciences Corporation (“CSC”) sued Tata Consulting Services (“TCS”) … More November 21, 2025, opinions
Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Federal Tort Claims Act Affirming dismissal of FTCA claims. The Fifth Circuit reviewed pro se claims brought by Howard and Theresa Ellsworth under the Federal Tort Claims Act (FTCA), arising from alleged negligent diabetes treatment Mr. Ellsworth received at VA facilities between 2016 and … More November 18-20, 2025, opinions
Designated for publication Higginson, J. (Southwick, Higginson, Wilson) (oral argument), bankruptcy Affirming district court’s holding that bankruptcy court properly sustained creditor’s objection to debtor’s claimed exemption of property from administration by bankruptcy estate, on basis that debtor waived his right to object to the untimeliness of the creditor’s objection to his claimed exemption. In 2019 … More November 17, 2025, opinions
Designated for publication per curiam (Barksdale, Willett, Duncan) (oral argument withdrawn), Willett, J., concurring (joined by Duncan, J.); criminal, Second Amendment Affirming conviction of possession of a firearm by a felon, rejecting Second Amendment and Commerce Clause challenges as foreclosed by Circuit precedent. Initially designated as an unpublished opinion, then changed to designate as being … More November 14, 2025, opinions
Designated for publication Jones, J. (King, Jones, Oldham) (oral argument), bankruptcy, jurisdiction, breach of contract Reversing bankruptcy court’s dismissal of breach of contract action, and remanding to bankruptcy court with instructions to remand to state court. The Fifth Circuit reverses a bankruptcy court’s Rule 12(c) dismissal and a district court affirmance, holding the bankruptcy court … More November 13, 2025, opinions
Unpublished decisions per curiam (Jones, Richman, Ramirez) (no oral argument), prisoner suit Dismissing as frivolous appeal from dismissal of Texas state prisoner’s suit, per curiam (Barksdale, Oldham, Douglas) (no oral argument), criminal, sentencing Affirming 121-month sentence on conviction of receipt of child pornography. per curiam (Jones, Richman, Ramirez) (no oral argument), criminal, sentencing Dismissing appeal … More November 12, 2025, opinions
Designated for publication Duncan, J. (Barksdale, Willett, Duncan) (oral argument withdrawn), criminal, sentencing Affirming 240-month sentence on conviction of possession with intent to distribute fentanyl. Horton pleaded guilty to possessing fentanyl with intent to distribute, and his Presentence Investigation Report originally applied a base offense level of 38 under U.S.S.G. § 2D1.1(a)(2) because a buyer, … More November 11, 2025, opinions
Designated for publication Oldham, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), diversity jurisdiction Remanding appeal from judgment in favor of defendant in trust dispute, for jurisdictional discovery. “Once again, a party invoking this court’s diversity jurisdiction has failed to establish the citizenship of a limited liability company. 28 U.S.C. § 1332. Thus, we remand this … More November 10, 2025, opinions
