Tag: criminal

November 21, 2025, opinions

November 24, 2025

Designated for publication Higginson, J. (Higginson, Ho, Wilson) (oral argument), trade secrets, injunction Vacating permanent injunction imposed with regard to claimed misappropriation of trade secrets, but otherwise affirming judgment of trade-secret-misappropriation liability on jury verdict, $56 million compensatory damages award, and $112 million exemplary damages award. Computer Sciences Corporation (“CSC”) sued Tata Consulting Services (“TCS”) … More November 21, 2025, opinions

November 18-20, 2025, opinions

November 24, 2025

Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Federal Tort Claims Act Affirming dismissal of FTCA claims. The Fifth Circuit reviewed pro se claims brought by Howard and Theresa Ellsworth under the Federal Tort Claims Act (FTCA), arising from alleged negligent diabetes treatment Mr. Ellsworth received at VA facilities between 2016 and … More November 18-20, 2025, opinions

November 17, 2025, opinions

November 18, 2025

Designated for publication Higginson, J. (Southwick, Higginson, Wilson) (oral argument), bankruptcy Affirming district court’s holding that bankruptcy court properly sustained creditor’s objection to debtor’s claimed exemption of property from administration by bankruptcy estate, on basis that debtor waived his right to object to the untimeliness of the creditor’s objection to his claimed exemption. In 2019 … More November 17, 2025, opinions

November 14, 2025, opinions

November 17, 2025

Designated for publication per curiam (Barksdale, Willett, Duncan) (oral argument withdrawn), Willett, J., concurring (joined by Duncan, J.); criminal, Second Amendment Affirming conviction of possession of a firearm by a felon, rejecting Second Amendment and Commerce Clause challenges as foreclosed by Circuit precedent. Initially designated as an unpublished opinion, then changed to designate as being … More November 14, 2025, opinions

November 13, 2025, opinions

November 15, 2025

Designated for publication Jones, J. (King, Jones, Oldham) (oral argument), bankruptcy, jurisdiction, breach of contract Reversing bankruptcy court’s dismissal of breach of contract action, and remanding to bankruptcy court with instructions to remand to state court. The Fifth Circuit reverses a bankruptcy court’s Rule 12(c) dismissal and a district court affirmance, holding the bankruptcy court … More November 13, 2025, opinions

November 12, 2025, opinions

November 15, 2025

Unpublished decisions per curiam (Jones, Richman, Ramirez) (no oral argument), prisoner suit Dismissing as frivolous appeal from dismissal of Texas state prisoner’s suit, per curiam (Barksdale, Oldham, Douglas) (no oral argument), criminal, sentencing Affirming 121-month sentence on conviction of receipt of child pornography. per curiam (Jones, Richman, Ramirez) (no oral argument), criminal, sentencing Dismissing appeal … More November 12, 2025, opinions

November 11, 2025, opinions

November 14, 2025

Designated for publication Duncan, J. (Barksdale, Willett, Duncan) (oral argument withdrawn), criminal, sentencing Affirming 240-month sentence on conviction of possession with intent to distribute fentanyl. Horton pleaded guilty to possessing fentanyl with intent to distribute, and his Presentence Investigation Report originally applied a base offense level of 38 under U.S.S.G. § 2D1.1(a)(2) because a buyer, … More November 11, 2025, opinions

November 10, 2025, opinions

November 11, 2025

Designated for publication Oldham, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), diversity jurisdiction Remanding appeal from judgment in favor of defendant in trust dispute, for jurisdictional discovery. “Once again, a party invoking this court’s diversity jurisdiction has failed to establish the citizenship of a limited liability company. 28 U.S.C. § 1332. Thus, we remand this … More November 10, 2025, opinions

November 7, 2025, opinions

November 10, 2025

Unpublished decisions per curiam (Stewart, Graves, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Ho) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Southwick, Duncan, Engelhardt) (no oral argument), criminal, compassionate release Dismissing as frivolous appeal from denial of motion … More November 7, 2025, opinions

November 6, 2025, opinions

November 7, 2025

Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt) (oral argument), Dennis, J., dissenting in part; First Amendment, sovereign immunity, standing Vacating injunction entered on First Amendment pre-enforcement challenge brought by drag performer and organizations against Texas law regulating “sexually oriented performances on public property and in the presence of minors”; and remanding for further proceedings. … More November 6, 2025, opinions