Designated for publication Wilson, J. (Stewart, Willett, Wilson) (oral argument), habeas corpus, Brady violation, ineffective assistance of counsel Denying certificate of appealability on denial of habeas petition. Gerald Marshall was convicted of capital murder and sentenced to death by a Texas jury in 2004 for the shooting death of Christopher Dean, a mentally disabled Whataburger … More September 22-23, 2026, opinions
Designated for publication Richman, J. (Richman, Higginson, Oldham) (oral argument), Oldham, J., dubitante; appellate jurisdiction, anti-SLAPP, defamation Affirming denial of motion to strike under Louisiana’s anti-SLAPP statute. Luke Sahs, a former student at Loyola University New Orleans, sued the university asserting defamation and related claims after a series of events stemming from a school-sponsored trip … More September 11, 2026, opinions
Published decisions Douglas, J. (Stewart, Engelhardt, Douglas) (oral argument), qualified immunity Affirming grant of qualified immunity summary judgment for claims arising from detainee’s death. Alberto Pena was arrested for criminal mischief in Starr County, Texas, while heavily intoxicated. During transport, he struck his head on the interior of a patrol car multiple times and may … More August 28, 2026, opinions
Designated for publication Oldham, J. (Higginbotham, Smith, Oldham) (oral argument), election law, Americans with Disabilities Act, standing Reversing permanent injunction against provisions of Texas SB 1’s imposition of certain elections restrictions under Title II of the ADA. Multiple civil-rights organizations challenged nine provisions of Texas Senate Bill 1 (the Election Protection and Integrity Act of … More August 12, 2026, opinions
Designated for publication Graves, J. (Wiener, Haynes, Graves) (oral argument), takings, preemption Affirming dismissal of challenges to City’s short-term rentals regulations. New Orleans has enacted a series of ordinances to address the negative effects of short-term rentals (e.g., Airbnb) on residential neighborhoods, including noise, trash, loss of neighborhood character, and reduced affordable housing. A group … More August 5, 2026, opinions
Designated for publication Higginson, J. (Richman, Higginson, Douglas) (no oral argument), qualified immunity Affirming qualified immunity summary judgment dismissal of claim against officer on excessive force claim. On April 27, 2022, Houston police pursued Jalen Randle to execute three felony warrants (aggravated assault, felon in possession of a firearm, and evading arrest). After an immobilization … More July 8-9, 2026, opinions
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
Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), Title VII, Age Discrimination in Employment Act, employment discrimination Affirming dismissal of employment discrimination claims. At issue on appeal was whether a pro se plaintiff’s Title VII and ADEA claims against True Coverage were properly dismissed for failure to exhaust administrative remedies (no EEOC charge … More June 10, 2026, opinions
Designated for publication Jones, J. (Jones, Duncan, Douglas) (no oral argument), Americans with Disabilities Act Affirming dismissal of ADA claims. Albert Hayes worked as an IT systems administrator for Army contractor GStek at Fort Polk. After COVID-era telework ended and he was required to return to the office, Hayes was diagnosed with Autism, Major Depressive … More May, 8, 11, 12, 2026 opinions
Designated for publication Wilson, J. (Willett, Duncan, Wilson) (oral argument), qui tam, False Claims Act Affirming dismissal of False Claims Act qui tam suit. Jack Palmer, hired by Comcast in 2016 to audit Tata Consulting Services’ immigration practices, filed a qui tam action under the False Claims Act (FCA). Tata employs roughly 30,000 workers in … More April 29, 2026, opinions
