Designated for publication Jones, J. (Jones, Stewart, Duncan), administrative law Reversing $6.5 million penalty judgment and vacating injunction issued after jury verdict in civil enforcement action brought by the CFTC against energy commodity trader under 17 CFR § 155.4(b)(2)(i), “a regulation that prevents commodities traders from ‘taking the other side of orders’ without clients’ consent.” … More January 8, 2024, opinions
Designated for publication per curiam (Smith, Elrod, Engelhardt), § 1983, standing Denying motion for injunction pending appeal of district court’s denial of injunction of new Mississippi statute expanding the special judicial district surrounding the Mississippi state capitol and empowering the chief justice of the Mississippi Supreme Court to appoint the judge for the district and … More January 4, 2024, opinions
Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Haynes, J., dissenting (joined by Stewart, Southwick, Higginson, Douglas, JJ.); Graves, J., joining dissent in part; administrative law Granting petition for review of FDA marketing denial orders regarding flavored e-cigarettes, setting orders aside, and remanding to the FDA … More January 3, 2024, opinions
Unpublished per curiam (Jones, Southwick, Ho), product liability Dismissing as frivolous appeal from dismissal of product liability suit regarding seatbelts and airbags. per curiam (Jones, Southwick, Ho), criminal, sentencing Affirming sentence on conviction of drug offenses and possessing a firearm as a felon. per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing Affirming conviction and 57-month sentence … More December 26-28, 2023, opinions
Designated for publication Jones, J. (Jones, Higginson, Duncan), Higginson, J., concurring; Clean Water Act, mootness Vacating district court’s judgment declining to review the Corps of Engineers’ jurisdictional determination under the Clean Water Act that landowner’s property contained jurisdictional wetlands, which determination the Corps had reached after the remand by the district court of an earlier … More December 18, 2023, opinions
Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), Higginson, J., dissenting; voting rights, election law, standing Reversing summary judgment in favor of voter advocacy organization, and rendering judgment in favor of Texas officials (actively defended by intervenor attorney general) rejecting organization’s challenge to Texas’s original “wet” signature requirement as a violation of the Civil Rights … More December 15, 2023, opinions
Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions
Designated for publication per curiam (Smith, Higginson, Engelhardt), criminal, Commerce Clause, Second Amendment, gun laws Affirming conviction of possession of a firearm by a felon. The Court held there was no plain error in application of 18 U.S.C. § 922(g) under the Commerce Clause, holding that Circuit precedent is clear that the statute does not … More December 8, 2023, opinions
Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), prisoner suit Affirming dismissal of Texas state … More December 6, 2023, opinions
Designated for publication Jones, J. (King, Jones, Duncan), maritime law Affirming the judgment on jury verdict that owner of one vessel involved in a river collision was not negligent; but vacating judgment that other vessel owner was negligent and captain was grossly negligent and remanding for new trial, based on holding that district court instructed … More December 4, 2023, opinions
