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 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
Designated for publication Graves, J. (Elrod, Higginbotham, Graves) (no oral argument), international law Affirming summary judgment dismissal of international law claims arising from death on international flight, to the extent the claims arise from theories of imperfect medical response, but reversing summary judgment to the extent claims arise from malfunctioning medical equipment. Fourteen-year-old Kevin Greenidge … More May 14, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), Oldham, J., concurring; criminal, sentencing, party-presentation principle, Anders motion Presumably denying Anders motion, vacating 46-month sentence, and remanding for resentencing. “I do not object to the majority’s approach to this case. But I write separately to emphasize its implications for the so-called party-presentation principle. … More April 16, 2026, opinions
Designated for publication Wilson, J. (Elrod, Smith, Wilson) (oral argument), liens, breach of contract, construction law, certification Certifying question to Mississippi Supreme Court regarding statutory requirement for lien enforceability. Cuevas Machine Company subcontracted with O’Neal Constructors to perform fabrication and machining services at a filtration plant owned by Calgon Carbon Corporation in Hancock County, Mississippi. … More April 15, 2026, opinions
Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), criminal, guilty plea Affirming conviction for illegal entry. Victor Alfredo Tovar-Martinez appealed his conviction for illegal reentry, contending his guilty plea was not knowing and voluntary because the district court failed to inform him during the Rule 11 colloquy that the statute applies only to … More April 14, 2026, opinions
Designated for publication Duncan, J. (Jones, Duncan, Douglas) (oral argument), breach of contract, insurance Affirming dismissal of claims under two sections of reinsurance agreement, but reversing dismissal of claim under a third section, and remanding for further proceedings. Porch.com’s subsidiary, Homeowners of America Insurance Co. (HOA), entered into a reinsurance-intermediary-authorization agreement (RIAA) with Gallagher, a … More April 2, 2026, opinions
Designated for publication per curiam (Southwick, Duncan, Engelhardt) (oral argument), mootness, criminal, Crime Victims’ Rights Act, mandamus Denying writs of mandamus sought by families of victims of Boeing air crash that challenged a Deferred Prosecution Agreement and a subsequent non-prosecution agreement between the Department of Justice and Boeing. Following two Boeing 737 MAX crashes — … More March 31, 2026, opinions
Designated for publication Higginson, J. (Haynes, Higginson, Ho) (no oral argument), antitrust Reversing grant of state-action immunity on plaintiff’s Sherman Act claims against city. Megatel Homes sought to develop roughly 517 acres (the “Cipriani Property”) located outside the City of Mansfield’s corporate boundaries but within its extraterritorial jurisdiction. To obtain water, Megatel needed service from … More March 26, 2026, opinions
Designated for publication Smith, J. (Smith, Wiener, Higginson) (oral argument), criminal, sentencing, equal protection clause Affirming conviction and 30-year sentence for production and attempted production of child pornography. Nautica Hamilton, a day care worker at the Lubbock YWCA, pleaded guilty to production and attempted production of child pornography after photographing the genitalia of an 18-month-old … More March 17, 2026, opinions
