Designated for publication Douglas, J. (Higginbotham, Ho, Douglas), Ho, J., dissenting in part (oral argument); standing, preemption, First Amendment Affirming preliminary injunction of Texas social media regulation statute as to monitoring and filtering requirements as preempted by federal law; vacating injunction as sought by certain plaintiffs for lack of standing; and remanding for further proceedings. … More July 24, 2026, opinions
Designated for publication per curiam (en banc), Higginson, J., dissenting from grant of en banc rehearing; criminal, Second Amendment, Commerce Clause, en banc Granting en banc rehearing of June 2 panel decision (Clement, Southwick, Engelhardt) that affirmed a conviction of possession of a firearm by a felon, rejecting an as-applied Second Amendment challenge. In a … More July 20, 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 Elrod, C.J. (Elrod, Smith, Wilson) (oral argument), bankruptcy Affirming bankruptcy court’s finding of willful violation of bankruptcy automatic stay by aggressive arbitration against debtor’s founder. With Purpose, Inc. (formerly doing business as GloriFi), a financial technology start-up co-founded by Toby Neugebauer, filed for Chapter 7 bankruptcy in February 2023. Prior to the … More July 16, 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 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 Jones, J. (Jones, Stewart, Willett) (oral argument), maritime law, attorneys’ fees Affirming district court’s finding of valid maritime liens and denial of attorneys’ fees. Louisiana International Marine (“LIM”) provided towage services via two tugboats to barges owned by Trailer Bridge and chartered to a third party, Work Cat. Work Cat paid only … More June 17, 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 Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Affirming tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. As Anne Milner Fields’s health rapidly declined in 2016 due to end-stage Alzheimer’s, her great-nephew and agent Bryan Milner transferred approximately $17 million of her assets into … More June 8, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument at motion stage), Haynes, J., concurring in order only (w/o op.); First Amendment, vagueness, injunctions Granting defendant Texas’s motion for stay of preliminary injunction pending appeal regarding SB 2420, which placed age and parental-guidance regulations on app stores and in-app purchases. The Texas Legislature … More June 4, 2026, opinions
