Designated for publication Wilson, J. (King, Higginson, Wilson) (no oral argument), immigration, Religious Freedom Restoration Act, res judicata Withdrawing December 15, 2025, opinion and substituting new opinion affirming dismissal of challenge to denial of visa for foreign student plaintiff sought to sponsor under the Religious Freedom Restoration Act, but in change from original panel opinions … More February 12-13, 2026, opinions
Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), preemption, standing, injunction Denying motion for injunction pending appeal of dismissal of nicotine retailers and industry actors’ challenge to Mississippi statute prohibiting sale of electronic nicotine devices that lacked FDA approval. The Fifth Circuit denied the plaintiffs’ motion for an injunction pending appeal of … More February 11, 2026, opinions
Designated for publication Smith, J. (Elrod, Smith, Wilson) (oral argument), civil rights, injunction, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from denial of motion to dismiss or strike plaintiffs’ motion to modify a desegregation injunction for the Parish School Board. The case arises from a long-running school desegregation injunction imposed on the School … More February 10, 2026, opinions
Designated for publication per curiam (Haynes, Ho, Oldham) (oral argument at panel stage), Ho, J., concurring in denial of rehearing en banc; insurance, arbitration, en banc Denying rehearing en banc of panel decision affirming denial of insurers’ motion to compel arbitration as “La. R.S. 22:868 expressly prohibits arbitration agreements for insurance contracts covering property located … More February 9, 2026, opinions
Designated for publication per curiam (Richman, Dennis, Ho, on panel; but Ho, J., writing separately with respect to the issuance of the mandate) (panel originally orally argued); municipal liability, qualified immunity, en banc, mandate Order vacating order withholding issuance of mandate from October 7, 2025, opinion (“per curiam” Dennis, Richman, Ho; Ho, J., concurring; Dennis, … More February 6, 2026, opinions
Designated for publication Duncan, J. (Haynes, Duncan, Ramirez) (oral argument), sec. 1983 Affirming dismissal of claims of family of man who died during self-defense exercise in police cadet training. The court affirmed the district court’s dismissal of all § 1983 claims brought by Brittney Kennedy on behalf of her late husband, Marquis Kennedy, who suffered … More February 4-5, 2026, opinions
Designated for publication per curiam (Elrod, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez) (oral argument), Haynes, J., concurring (joined by Southwick and Douglas); administrative law, en banc In the first of the en banc opinions released from the January 2026 en banc sitting, exactly as we … More February 3, 2026, opinions
Designated for publication Douglas, J. (Dennis, Oldham, Douglas) (oral argument), Oldham, J., dissenting; maritime law Affirming issuance of maritime lien against vessel to secure payment for marine fuel oil bunkers. The dispute centers on an unpaid delivery of marine fuel (“bunkers”) to the Liberian-flagged cargo vessel ARGOS M. Three Fifty Markets, a UK-based commodity trading … More February 2, 2026, opinions
Unpublished decisions per curiam (Smith, Higginson, Wilson) (no oral argument), criminal, search and seizure Affirming conviction of possession with intent to distribute cocaine, upholding denial of motion to suppress. per curiam (Richman, Engelhardt, Wilson) (oral argument withdrawn), Title VI, sec. 1983 Affirming dismissal of claims by student dismissed from medical school for unsatisfactory academic performance. … More January 30, 2026, opinions
Designated for publication Smith, J. (Elrod, Smith, Wilson) (oral argument), coram nobis Affirming denial of writ of coram nobis seeking vacatur of conviction for wire fraud and bank fraud and or restitution award on basis of IAC. Eugene Lockhart, who pleaded guilty to wire and bank fraud and was sentenced to 54 months in prison … More January 29, 2026, opinions
