Designated for publication Oldham, J. (Haynes, Ho, Oldham), Haynes, J., concurring in judgment (oral argument), administrative law, appellate jurisdiction Denying DOE’s motion to dismiss for lack of jurisdiction, and granting petition to review DOE order; remanding to DOE for further proceedings. In February 2024, the Department of Energy promulgated a “Direct Final Rule” (DFR) establishing … More August 11, 2026, opinions
Unpublished decisions per curiam (Jones, Ho, Wilson) (no oral argument), criminal, sentencing Affirming 136-month sentence following a guilty plea for possession with intent to distribute cocaine. The defendant challenged the quantity of drugs attributed to him for calculating his base offense level. He argued that statements from multiple confidential sources were unreliable and that the … More August 10, 2026, opinions
Designated for publication Wilson, J. (Southwick, Graves, Wilson) (no oral argument), Graves, J., dissenting in part; criminal, sentencing, restitution Affirming enhanced sentence for receipt of child pornography; and affirming in part and vacating in part restitution awards. Mendoza pleaded guilty to receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2) after DHS discovered … More August 7, 2026, opinions
Designated for publication Southwick, J. (Southwick, Graves, Wilson) (oral argument withdrawn), Wilson, J., concurring; arbitration Affirming denial of defendant’s motion to compel arbitration. Floor and Decor Outlets of America (“F&D”), a national flooring retailer, contracted with MAPP, L.L.C., a local Louisiana construction management company, for the building of a retail store in Metairie, Louisiana. F&D … More August 6, 2026, opinions
Designated for publication Willett, J. (Willett, Engelhardt, Douglas) (oral argument withdrawn), Privileges and Immunities Clause, Equal Protection, preliminary injunction Reversing denial of preliminary injunction to plaintiff challenging Texas residency provisions for escrow-officer license, and remanding with instructions to enter preliminary injunction. Geoffrey Polk, a resident of Illinois licensed to practice law in approximately forty jurisdictions … More August 4, 2026, opinions
Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), personal tort, preemption Reversing judgment for defendant on claims arising from fatal truck-auto accident in which one of defendant’s employee’s was the involved truck driver; and remanding for further proceedings. Satnam Singh Lehal’s tractor-trailer jackknifed on the way to Laredo, Texas, crossed into oncoming … More August 3, 2026, opinions
Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Granting motion to modify original panel opinion rendered June 8, 2026, and substituting new opinion that likewise affirmed tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. Anne Milner Fields, a businesswoman diagnosed with Alzheimer’s in 2011, … More July 31, 2026, opinions
Designated for publication per curiam (en banc; voting against en banc rehearing: Elrod, Jones, Smith, Richman, Southwick, Haynes, Ho, Duncan, Oldham, Wilson; voting for en banc rehearing: Stewart, Graves, Higginson, Willett, Douglas, Ramirez; Englehardt, J., not participating), Ho, J., concurring in denial, Willett, J., dissenting from denial (joined by Stewart, Graves, Higginson, Douglas, Ramirez) (oral … More July 30, 2026, opinions
Designated for publication Davis, J. (Davis, Smith, Higginson) (no oral argument), criminal, sentencing On remand from U.S. Supreme Court, dismissing appeal of 51-month sentence on basis of appeal-waiver in plea agreement. Munson Hunter pleaded guilty to one count of aiding and abetting wire fraud arising from a scheme that caused approximately half a million dollars … More July 28-29, 2026, opinions
Unpublished decisions per curiam (Haynes, Graves, Ramirez) (no oral argument), prisoner suit Reversing in part and affirming in part dismissal of Texas state prisoner’s sec. 1983 claims. At issue on appeal was whether a Texas prisoner stated viable 42 U.S.C. § 1983 claims for (1) failure to protect under the Eighth Amendment against a sergeant … More July 27, 2026, opinions
