administrative law – Page 4

October 9, 2025, opinions

October 10, 2025

Unpublished decisions per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal, sentencing Affirming 60-month sentence on conviction of illegal reentry. per curiam (Jones, Duncan, Douglas) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Richman, Southwick, Willett) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per … More October 9, 2025, opinions

October 8, 2025, opinions

October 9, 2025

Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (no oral argument), Rooker-Feldman doctrine, personal tort, defamation Vacating Rooker-Feldman-based dismissal of plaintiff attorney’s defamation claims against defendant attorneys who had represented the plaintiff’s client’s employer in underlying Title IX claims brought by plaintiff’s client arising from alleged sexual assault and harassment of university students by university’s … More October 8, 2025, opinions

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

October 1-2, 2025, opinions

October 3, 2025

Designated for publication per curiam (Stewart, Dennis, Haynes) (oral argument), criminal, evidence, sufficiency of evidence, sentencing Affirming conviction and 293-month sentence for drug trafficking and distribution offenses and possession of child pornography. Sean Shaughnessy appealed his conviction and sentence after a jury found him guilty of two drug-conspiracy counts, one drug-distribution count, and one count … More October 1-2, 2025, opinions

September 23, 2025, opinions

September 24, 2025

Designated for publication Higginson, J. (Higginson, Willett, Engelhardt), takings Affirming dismissal of plaintiff’s inverse condemnation claim against City, dismissal of Declaratory Judgment Act claim, and remand of breach of contract and other claims to state court. The plaintiffs, a group of developers, contracted with the City of Mesquite to carry out public improvement projects, including … More September 23, 2025, opinions

September 22, 2025, opinions

September 23, 2025

Designated for publication Higginson, J. (Smith, Higginson, Douglas), Smith, J., dissenting; Clean Air Act, administrative law Denying petition for review of EPA final rule rejecting Texas’s Clean Air Act State Implementation Plan under the “Good Neighbor” rule. The Fifth Circuit denied Texas’s petition challenging EPA’s 2016 disapproval of Texas’s “Good Neighbor” SIP for the 2008 … More September 22, 2025, opinions

September 8, 2025, opinions

September 9, 2025

Designated for publication per curiam (Haynes, Ho, Oldham), Ho and Oldham, concurring; oral argument Ordering that panel will entertain additional oral argument via Zoom if appellant’s lead counsel requests, since lead counsel had emergency hospitalization shortly before argument. Judge Haynes noted that argument went forward because attorneys on both sides had traveled to attend the … More September 8, 2025, opinions

August 20-25, 2025, opinions

August 26, 2025

Designated for publication Wiener, J. (Wiener, Douglas, Ramirez), FDIC, jurisdiction Remanding appeal from injunction against FDIC proceedings on constitutional basis, with instructions to dismiss for lack of jurisdiction. The FDIC initiated an enforcement action against Cornelius Burgess, former CEO of Herring Bank, after investigations dating back to 2010 revealed misconduct. The case first proceeded before … More August 20-25, 2025, opinions

August 7, 2025, opinions

August 10, 2025

Designated for publication per curiam (Elrod, Higginbotham, Smith), Clean Air Act, administrative law, Administrative Procedure Act, venue On remand from U.S. Supreme Court, original panel opinion from November 22, 2023 (Elrod, Smith, Higginbotham; Higginbotham, J., dissenting) (vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard program of the Clean Air Act), … More August 7, 2025, opinions

August 6, 2025, opinions