Designated for publication Smith, J. (Smith, Haynes, Enhelhardt) (oral argument), timeliness, Americans with Disabilities Act Reversing dismissal of ADA claim as time-barred, holding that claim was tolled under American Pipe. James Bien worked for Union Pacific as a locomotive train conductor. After failing two color vision tests in 2013, he was removed from his conductor … More October 26, 2026, opinions
Designated for publication Higginson, J. (Haynes, Higginson, Ho) (oral argument), standing, breach of contract, Federal Wiretap Act Reversing dismissal of suit based on use of Meta “Pixel” on defendant’s website, on standing grounds, and remanding. Eyemart Express operates retail stores and a website where customers browse products, purchase prescription eyewear, and schedule eye exams. Eyemart … More October 23, 2026, opinions
Designated for publication Higginson, J. (Southwick, Higginson, Douglas) (oral argument), Freedom of Information Act, administrative law Reversing in part summary judgment for FEMA on plaintiff organization’s FOIA challenge, reversing dismissal of case with prejudice, finding that additional record development was required to determine equitable relief, and remanding for further development of the record. La Unión … More October 22, 2026, opinions
Designated for publication Clement, J. (Elrod, Clement, Oldham) (no oral argument), administrative law Granting petition for review of FCC creation of entity to administer universal service programs, and remanding to FCC. The FCC collects billions of dollars annually from telecommunications carriers to fund universal service programs—Lifeline, High Cost, E-Rate, and Rural Health—through the Universal Service … More October 15, 2026, opinions
Designated for publication per curiam (Higginson, Willett, Oldham) (no oral argument), Oldham, J., concurring in judgment; judgment execution, appeal bond Denying motion to apply Texas-law cap to supersedeas bond amount to stay a judgment pending appeal. A jury returned a verdict against members of the Mulacek family, and the district court entered a judgment exceeding … More October 13, 2026, opinions
Designated for publication Smith, J. (Smith, Haynes, Engelhardt) (oral argument), criminal, sentencing Affirming 84-month sentence on conviction of healthcare fraud and wire fraud. Benjamin Tekippe, a chiropractor who owned and operated Metairie Chiropractic & Rehab, was convicted by a jury of six counts of health care fraud and one count of wire fraud. Over roughly … More October 12, 2026, opinions
Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions
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 Smith, J. (Smith, Clement, Higginson) (no oral argument), criminal, guilty plea, sentencing On remand from U.S. Supreme Court, dismissing appeal under appeal-waiver of plea agreement. Devin Chaney pleaded guilty to Hobbs Act Robbery (18 U.S.C. § 1951(a)) and Armed Bank Robbery (18 U.S.C. § 2113(a) and (d)), and in his plea agreement … More September 18-21, 2026, opinions
Designated for publication per curiam (King, Smith, Ramirez) (oral argument), criminal, restitution Affirming restitution award on misdemeanor depravation of rights conviction. Luis Enrique Padilla, the former chief of the Sunset Police Department in Sunset, Louisiana, used excessive force against a handcuffed individual, R.A., during a hit-and-run investigation in December 2023. Padilla “warned ‘let me show … More September 1, 2026, opinions
