Designated for publication Oldham, J. (Haynes, Ho, Oldham), Haynes, J., concurring in judgment (oral argument), administrative law, appellate jurisdiction Denying DOE’s motion to dismiss for lack of jurisdiction, and granting petition to review DOE order; remanding to DOE for further proceedings. In February 2024, the Department of Energy promulgated a “Direct Final Rule” (DFR) establishing … More August 11, 2026, opinions
Designated for publication Stewart, J. (Higginbotham, Stewart, Haynes) (no oral argument), judicial estoppel, personal tort On remand from the U.S. Supreme Court, from prior Fifth Circuit affirmance of dismissal of plaintiff’s suit, remanding back to district court to assess judicial estoppel from plaintiff’s failure to disclose claim on bankruptcy schedules. Thomas Keathley brought a personal … More July 17, 2026, opinions
Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), Stewart, J., dissenting in part; mandamus, appellate jurisdiction, voluntary dismissal, school desegregation Dismissing appeal for lack of jurisdiction over judgment that was entered after voluntary dismissal of school desegregation case, and granting mandamus vacating post-dismissal judgment. This school-desegregation case had been pending for more … More July 13-15, 2026, decisions
Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument at original panel stage), preemption, taking, Contracts Clause Granting petition for panel rehearing and substituting for February 9, 2026, panel opinion, affirming summary judgment for Louisiana on pharmaceutical companies’ and trade group’s challenge to Louisiana statute on drug purchases. Pharmaceutical manufacturers AbbVie, AstraZeneca, and trade … More July 1-7, 2026, opinions
Designated for publication Duncan, J. (Jones, Duncan, Douglas), Douglas, J., dissenting (oral argument); administrative law, nondelegation doctrine, Seventh Amendment, major questions doctrine Granting petition for review of HHS enforcement order imposing fine for selling of unauthorized vaping products, and vacting decision. Texas Tobacco Barn (TTB), a Lubbock, Texas vape shop, applied for FDA premarket authorization … More June 30, 2026, opinions
Designated for publication Wilson, J. (Southwick, Graves, Wilson) (oral argument), default judgment, service of process, damages, Rule 60 Affirming denial of Rule 60(b) relief from default judgment. After a December 2021 multi-vehicle crash on I-20 in Mississippi, Cheryl Roberts and William Chambers sued KJ Win, Inc., a California-incorporated trucking company, alleging its driver negligently parked … More June 24, 2026, opinions
Designated for publication per curiam (Haynes, Ho, Oldham) (no oral argument), Ho, J., concurring; Oldham, J., concurring; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon. Peter Villa Cordova pled guilty to possessing a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1). His prior felony convictions include … More May 20, 2026, opinions
Designated for publication Duncan, J. (Southwick, Duncan, Engelhardt) (no oral argument), abortion law, standing, administrative law Granting Louisiana’s motion to stay the FDA’s 2023 REMS (order allowing mifepristone to be prescribed online and dispensed through the mail without any in-person doctor visit) pending appeal under 5 U.S.C. § 705. After Dobbs v. Jackson Women’s Health … More May 1, 2026, opinions
Designated for publication U.S. v. Wilson, 24-10633, appeal from N.D. Tex. per curiam (Jones, Smith, Graves, Ho, Duncan, Engelhardt, Oldham, voting for en banc rehearing; Elrod, Stewart, Richman, Southwick, Haynes, Higginson, Willett, Wilson, Douglas, Ramirez, voting against en banc rehearing) (oral argument at panel stage); Willett, J., issuing opinion “respecting the denial” (joined by Elrod, … More April 30, 2026, opinions
Designated for publication Clement, J. (Clement, Douglas, Ramirez) (oral argument), sec. 1983, Fourth Amendment Affirming summary judgment dismissal of plaintiff’s sec. 1983 claim alleging Fourth Amendment violations arising from search of residence. Officers with the Lafayette Police Department obtained a warrant to search Albert Alexander’s residence for firearms based on reports from Alexander’s granddaughter, Sharlette, … More April 13, 2026, opinions
