Tag: Bivens claim

July 1-7, 2026, opinions

July 9, 2026

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

April 27, 2026, opinions

April 28, 2026

Unpublished decisions per curiam (Wiener, Willett, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Graves, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Richman, Willett) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam … More April 27, 2026, opinions

April 3, 2026, opinions

April 6, 2026

Unpublished decisions per curiam (King, Haynes, Ho) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Jones, Ho) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Richman, Ramirez) (no oral argument), prisoner suit, Bivens claim Dismissing as frivolous appeal from dismissal of … More April 3, 2026, opinions

February 24, 2026, opinions

February 25, 2026

Designated for publication per curiam (Smith, Richman, Graves) (oral argument), free exercise, mootness On receiving an answer of “no” from the Texas Supreme Court on the certified question of whether Texas’s Code of Judicial Conduct prohibited judges from publicly refusing to perform same-sex weddings while continuing to perform opposite-sex weddings, holding that the suit was … More February 24, 2026, opinions

October 10, 2025, opinions

October 13, 2025

Unpublished decisions per curiam (Smith, Higginson, Wilson) (no oral argument), habeas corpus Affirming denial of § 2241 petition filed by federal inmate serving a 280-year sentence. Higginson, J. (Southwick, Higginson, Wilson) (oral argument withdrawn), criminal, sentencing Affirming 50-month sentence on conviction of wire fraud. per curiam (Jones, Richman, Ramirez) (no oral argument), criminal, appellate jurisdiction … More October 10, 2025, opinions

February 28, 2025, opinions

March 7, 2025

Designated for publication per curiam (voting against en banc rehearing: Elrod, Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Jones, Smith, Duncan, Engelhardt, Oldham, JJ.); Ho, J., concurring in denial of rehearing; criminal, sentencing, en banc Denying en banc rehearing of panel opinion (Elrod, Dennis, Higginson) … More February 28, 2025, opinions

January 27, 2025, opinions

January 29, 2025

Designated for publication Clement, J. (Clement, Graves, Ramirez), international arbitration Reversing district court’s denial of motion to compel arbitration in international arbitral forum, and remanding for further proceedings. Also, granting in part and denying in part motion to strike reply brief. The Court held that, although arbitral forum designated in parties’ contract had been abolished, … More January 27, 2025, opinions

December 16-27, 2024, opinions

December 29, 2024

Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions

June 10, 2024, opinions

June 11, 2024

Unpublished per curiam (Richman, Jones, Ho), Bivens claim Affirming in part and vacating in part plaintiff federal inmate’s Bivens claims arising from delayed and denied medical care for injuries, and remanding for further proceedings. Engelhardt, J. (Higginbotham, Smith, Engelhardt), qualified immunity Affirming denial of motion to dismiss excessive force claims on the basis of qualified … More June 10, 2024, opinions

June 3, 2024, opinions

June 4, 2024

Designated for publication Engelhardt, J. (King, Ho, Engelhardt), Ho, J., dissenting in part; First Amendment, antitrust, standing, mootness, amendment In First Amendment and antitrust claims by physicians’ professional association against governing boards and against the Secretary of the Department of Homeland Security arising from labeling as misinformation or disinformation of some physicians’ views on Covid … More June 3, 2024, opinions