Designated for publication Smith, J. (Smith, Stewart, Haynes) (no oral argument), bankruptcy Affirming bankruptcy court’s dismissal of creditor’s claim for contribution. The court affirmed the bankruptcy court (and district court) in rejecting Spin’s claim that it should be paid under a receivables-sale agreement with Jet Oilfield Services (“Jet”). Under the agreement, Spin paid Jet $3,000,000 … More December 4, 2025, opinions
Designated for publication Clement, J. (Clement, Graves, Ho) (no oral argument), criminal, sentencing Vacating sentence in part and remanding for conformance of the written judgment of terms of supervised release with oral pronouncement. The Fifth Circuit confronted a recurring post-Diggles question: what should be done when a written judgment includes unpronounced discretionary conditions of supervised … More December 2, 2025, opinions
Published decisions per curiam (Smith, Haynes, Oldham) (no oral argument), Haynes, J., dissenting in footnote; immigration Denying motion for stay of removal, on basis that “[e]quitable relief—even if it is ‘temporary’ or ‘short’—is never a matter of right or convenience.” In a footnote, Judge Haynes expressed her disagreement, and “would grant a short temporary stay … More November 26, 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 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Designated for publication per curiam (Barksdale, Willett, Duncan) (oral argument withdrawn), Willett, J., concurring (joined by Duncan, J.); criminal, Second Amendment Affirming conviction of possession of a firearm by a felon, rejecting Second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
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
Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), immigration Denying Guatemalan citizen’s petitions for review of BIA denials of his motion to reopen removal proceedings and motion to reconsider. The Fifth Circuit denied Oscar Rene Rosa Arevalo’s petitions for review of the Board of Immigration Appeals’ denials of his motions to reopen … More November 5, 2025, opinions
