Tag: § 1981

September 30, 2026, opinions

October 1, 2026

Designated for publication Duncan, J. (Duncan, Oldham, Wilson) (oral argument), Oldham, J., concurring in judgment; § 1981 Affirming summary judgment dismissal of § 1981 claims based solely on religious discrimination. Christian Brothers Automotive Corporation is a faith-based auto-repair franchisor that grants franchises only to professing Christians. All of its more than 250 franchisees—including at least … More September 30, 2026, opinions

September 3, 2026, opinions

September 4, 2026

Designated for publication per curiam (Wiener, Willett, Douglas) (oral argument on original setting, prior to Supreme Court remand); Federal Tort Claims Act On remand from U.S. Supreme Court, affirming dismissal of plaintiff’s tort claims arising from refusal to deliver mail, modified to be dismissal without prejudice. Lebene Konan alleged that USPS mail carrier Raymond Rojas … More September 3, 2026, opinions

August 17-18, 2026, opinions

August 19, 2026

Designated for publication Higginson, J. (Richman, Higginson, Douglas) (oral argument), criminal, sufficiency of evidence, witness testimony, evidence, sentencing, Second Amendment, Commerce Clause Affirming conviction and sentence on drug and firearms charges. Travis Enclade and Terence Wilson, relatives suspected of narcotics trafficking in New Orleans, were the subjects of a two-month DEA surveillance operation using pole … More August 17-18, 2026, opinions

July 8-9, 2026, opinions

July 12, 2026

Designated for publication Higginson, J. (Richman, Higginson, Douglas) (no oral argument), qualified immunity Affirming qualified immunity summary judgment dismissal of claim against officer on excessive force claim. On April 27, 2022, Houston police pursued Jalen Randle to execute three felony warrants (aggravated assault, felon in possession of a firearm, and evading arrest). After an immobilization … More July 8-9, 2026, opinions

April 16, 2026, opinions

April 17, 2026

Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), Oldham, J., concurring; criminal, sentencing, party-presentation principle, Anders motion Presumably denying Anders motion, vacating 46-month sentence, and remanding for resentencing. “I do not object to the majority’s approach to this case. But I write separately to emphasize its implications for the so-called party-presentation principle. … More April 16, 2026, opinions

April 2, 2026, opinions

April 3, 2026

Designated for publication Duncan, J. (Jones, Duncan, Douglas) (oral argument), breach of contract, insurance Affirming dismissal of claims under two sections of reinsurance agreement, but reversing dismissal of claim under a third section, and remanding for further proceedings. Porch.com’s subsidiary, Homeowners of America Insurance Co. (HOA), entered into a reinsurance-intermediary-authorization agreement (RIAA) with Gallagher, a … More April 2, 2026, opinions

January 27, 2026, opinions

January 28, 2026

Designated for publication Higginson, J. (Southwick, Higginson, Wilson) (oral argument), insurance, jurisdiction Remanding appeal from denial of motion to compel arbitration to district court to consider motions pending in case in light of holding that court lacks subject-matter jurisdiction due to inapplicability of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to … More January 27, 2026, opinions

December 12, 2025, opinions

December 16, 2025

Designated for publication Wiener, J. (Wiener, Engelhardt, Oldham) (oral argument), criminal, sufficiency of evidence, judicial estoppel Affirming convictions of conspiracy and healthcare fraud involving the hospice care reimbursement benefit available through Medicare. The Fifth Circuit affirmed the convictions of Kristal Glover-Wing for one count of conspiracy and three counts of healthcare fraud arising out of … More December 12, 2025, opinions

October 29, 2025, opinions

November 3, 2025

Designated for publication Willett, J. (Barksdale, Willett, Duncan) (oral argument), election law Affirming denial of preliminary injunction on plaintiff voters’ suit challenging as racially discriminatory a county commission’s redrawing of county precinct lines. The Fifth Circuit began by reaffirming that states and their political subdivisions hold primary constitutional authority to regulate elections, including the drawing … More October 29, 2025, opinions

October 28, 2025, opinions

October 29, 2025

Designated for publication en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity, en banc Ordering initial hearing en banc, with the en banc rehearing argument of Roake v. Brumley. Stewart, J. (Jones, Stewart, Ramirez) (oral argument), criminal, sufficiency of evidence Affirming conviction of coercing and enticing a minor to engage in … More October 28, 2025, opinions