Tag: appointments clause

September 10, 2026, opinions

September 11, 2026

Unpublished decisions per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Graves, Haynes) (oral argument withdrawn); Haynes, J., dissenting in part; criminal, sentencing Vacating sentence and remanding for resentencing. Hendrickson was convicted of felon-in-possession of a firearm after he was shot five times by … More September 10, 2026, opinions

June 11, 2026, opinions

June 12, 2026

Designated for publication Duncan, J. (King, Duncan, Engelhardt) (oral argument before original panel decision), nondelegation doctrine, appointments clause, due process, standing On remand from the U.S. Supreme Court, for reconsideration of the panel’s original July 5, 2024, decision in light of FCC v. Consumers’ Research, reissuing the original panel decision, with a new section explaining how FCC does … More June 11, 2026, opinions

March 27, 2026, opinions

March 28, 2026

Designated for publication Higginson, J. (Wiener, Haynes, Higginson) (oral argument), Appointments Clause, administrative law Affirming summary judgment for plaintiffs challenging Gulf of Mexico fishery management plan. Commercial Greater Amberjack fishers challenged Amendment 54 to the Gulf of Mexico fishery management plan, which slashed commercial catch limits by roughly 80%. They argued that members of the … More March 27, 2026, 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 26, 2025, opinions

August 27, 2025

Designated for publication Clement, J. (Stewart, Clement, Wilson), criminal, sentencing Affirming 92-month sentence on conviction of possession of a firearm by a felon. Reginald Humbles, a U.S. Army veteran with a history of psychiatric issues, was arrested after stealing a waste disposal truck in New Orleans and leading police on a high-speed chase across the … More August 26, 2025, opinions

August 23, 2024, opinions

August 26, 2024

Designated for publication Engelhardt, J. (Clement, Engelhardt, Wilson), breach of contract, tortious interference Reversing judgment as a matter of law to defendant on plaintiff’s declaratory judgment claim; reversing judgment as a matter of law to co-defendant on plaintiff’s declaratory judgment and tortious interference claims; remanding for jury trial on the reversed claims; affirming denial of … More August 23, 2024, opinions

July 1-17, 2024, opinions

July 19, 2024

Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions