Tag: § 1981

October 7, 2025, opinions

October 8, 2025

Designated for publication Jones, J. (Elrod, Jones, Stewart) (oral argument), equal protection clause, First Amendment, Commerce Clause Affirming in part and reversing in part district court’s summary judgment finding city’s short-term rental regulations constitutional, and remanding for further proceedings. The Fifth Circuit reviewed New Orleans’s regulation of short-term rentals (STRs)—defined as rentals of fewer than … More October 7, 2025, opinions

June 30, 2025, opinions

July 1, 2025

Designated for publication Smith, J. (Smith, Graves, Duncan), Graves, J., concurring in part and in judgment; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon, holding that “disarming drug traffickers accords with the nation’s history and tradition of firearm regulation[.]” Judge Graves concurred in part and concurred in the judgment. “Based … More June 30, 2025, opinions

May 19, 2025, opinions

May 20, 2025

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

January 13, 2025, opinions

January 14, 2025

Designated for publication Richman, J. (Richman, Haynes, Duncan), criminal, sentencing, Armed Career Criminal Act Affirming constitutionality of conviction of possession of a firearm by a felon, and affirming for lack of plain error the 262-month sentence upon application of Armed Career Criminal Act. Oldham, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming denial … More January 13, 2025, opinions

November 20, 2024, opinions

November 21, 2024

Designated for publication Douglas, J. (King, Willett, Douglas), trademark infringement Vacating district court’s amended judgment on remand, and reinstating district court’s prior judgment of injunctive relief as modified by the Court’s prior opinion on March 21, 2024, and by the parties’ stipulated additional language. Richman, J. (Jones, Richman, Ho; not joined by Judge Ho, who … More November 20, 2024, opinions

March 20, 2024, opinions

March 21, 2024

Designated for publication Southwick, J. (Stewart, Dennis, Southwick), receivership Granting petition for panel rehearing of original panel decision that affirmed the district court’s denial of motions for $79 million set-off from order allowing receiver to recover from an investor in Stanford Ponzi scheme, where panel had affirmed on basis that investor had failed to timely … More March 20, 2024, opinions

March 4, 2024, opinions

March 5, 2024

Designated for publication per curiam (Jones, Dennis, Douglas), immigration Denying Honduran citizen’s petition for review of BIA order denying motion to reopen removal proceedings for adjustment of status based on marriage to U.S. citizen. The Court held that the petitioner was never previously validly admitted to the U.S. as a nonimmigrant because, while he had … More March 4, 2024, opinions

February 5-7, 2024, opinions

February 8, 2024

Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions

February 1, 2024, opinions

February 2, 2024

Designated for publication Southwick, J. (Stewart, Dennis, Southwick), Dennis, J., dissenting; qualified immunity Reversing denial of qualified immunity summary judgment on behalf of officers who attempted to execute a search warrant through a SWAT team, but on the wrong address (though the warrant itself showed the correct address), and remanding with instructions to dismiss. The … More February 1, 2024, opinions

October 13, 2023, opinions

October 16, 2023

Designated for publication Smith, J. (Smith, Southwick, Higginson), criminal, expert witness Affirming conviction of sex trafficking of a child, upholding introduction of evidence pulled from defendant’s cell phone using Cellebrite technology without the investigator through whose testimony the evidence was submitted being first qualified as an expert witness. The Court rejected the defendant’s argument that … More October 13, 2023, opinions