Tag: § 1983

March 9, 2026, opinions

March 12, 2026

Designated for publication Engelhardt, J. (Higginson, Willett, Engelhardt) (oral argument), Willett, J., concurring in part; class action, employment, Americans with Disabilities Act Affirming district court’s rejection of two proposed classes and certification of one modified subclass of United Airlines employees who sought religious accommodations from COVID-19 vaccine mandate and who were accommodated with unpaid leave. … More March 9, 2026, opinions

March 6, 2026, opinions

March 8, 2026

Designated for publication Summerhays, J. (Jones, Engelhardt, Summerhays, by designation) (oral argument), maritime law Affirming summary judgment for vessel owner on longshore worker’s claim of vessel negligence. Balvina Renteria, a longshore worker unloading cargo from the M/V Star Juventas, fell about ten feet when she stepped on plastic sheeting covering a gap between stacked rolls … More March 6, 2026, opinions

March 4-5, 2026, opinions

March 7, 2026

Designated for publication Davis, J. (Davis, Jones, Stewart) (no oral argument), criminal Affirming conviction of possession of a firearm by a felon. Lester Landrum pleaded guilty but preserved constitutional challenges to the statute, arguing that it violates the Second Amendment (both facially and as applied), the Equal Protection Clause, the Commerce Clause, and that it … More March 4-5, 2026, opinions

February 25-26, 2026, opinions

February 27, 2026

Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Telephone Consumer Protection Act Affirming summary judgment dismissal of TCPA claim. Bradford sued, claiming that prerecorded calls the company made to his cell phone violated the TCPA because they lacked “prior express written consent” and constituted telemarketing. The panel held that (1) the TCPA itself … More February 25-26, 2026, opinions

February 20, 2026, opinions

February 21, 2026

Designated for publication per curiam (en banc; Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, voting against en banc rehearing; Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, voting for en banc rehearing) (oral argument at panel stage), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith); en banc, qualified … More February 20, 2026, opinions

February 18-19, 2026, opinions

February 20, 2026

Designated for publication Elrod, C.J. (Elrod, Smith, Wilson) (oral argument withdrawn), artificial intelligence, sanctions After unpublished per curiam opinion entered January 6, 2026, vacating sanctions order against plaintiff on Fair Credit Reporting Act claim, the Court of Appeals issued an order for the plaintiff’s counsel to show cause why the Court of Appeals should not … More February 18-19, 2026, opinions

February 16, 2026, opinions

February 18, 2026

Unpublished decisions per curiam (Richman, Southwick, Willett) (no oral argument), Federal Tort Claims Act, service of process Affirming dismissal of FTCA claim for lack of sufficient service of process. per curiam (Stewart, Graves, Oldham) (no oral argument), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Smith, Haynes, Oldham) (no oral argument), § … More February 16, 2026, opinions

February 11, 2026, opinions

February 12, 2026

Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), preemption, standing, injunction Denying motion for injunction pending appeal of dismissal of nicotine retailers and industry actors’ challenge to Mississippi statute prohibiting sale of electronic nicotine devices that lacked FDA approval. The Fifth Circuit denied the plaintiffs’ motion for an injunction pending appeal of … More February 11, 2026, opinions

February 10, 2026, opinions

February 11, 2026

Designated for publication Smith, J. (Elrod, Smith, Wilson) (oral argument), civil rights, injunction, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from denial of motion to dismiss or strike plaintiffs’ motion to modify a desegregation injunction for the Parish School Board. The case arises from a long-running school desegregation injunction imposed on the School … More February 10, 2026, opinions

February 6, 2026, opinions

February 7, 2026

Designated for publication per curiam (Richman, Dennis, Ho, on panel; but Ho, J., writing separately with respect to the issuance of the mandate) (panel originally orally argued); municipal liability, qualified immunity, en banc, mandate Order vacating order withholding issuance of mandate from October 7, 2025, opinion (“per curiam” Dennis, Richman, Ho; Ho, J., concurring; Dennis, … More February 6, 2026, opinions