Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), personal tort, preemption Reversing judgment for defendant on claims arising from fatal truck-auto accident in which one of defendant’s employee’s was the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Unpublished decisions per curiam (Haynes, Graves, Ramirez) (no oral argument), prisoner suit Reversing in part and affirming in part dismissal of Texas state prisoner’s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
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 Ramirez, J. (Jones, Stewart, Ramirez), Jones, J., dissenting in part (oral argument); criminal, sentencing Affirming in part and reversing in part sentence on conspiracy charges, and remanding for resentencing. Trayvon Murphy was a member of a New Orleans street gang led by co-defendant Julius Alexander. Murphy pleaded guilty—without a plea agreement—to conspiracy … More July 22-23, 2026, opinions
Designated for publication per curiam (en banc), immigration, die process, en banc In relation to the en banc rehearing of the July 2 opinion affirming that immigrants’ due process rights were violated by detention more than 90 days without bond hearings, which rehearing was ordered quickly on the heels of the panel opinion, on July … More July 21, 2026, opinions
Designated for publication per curiam (en banc), Higginson, J., dissenting from grant of en banc rehearing; criminal, Second Amendment, Commerce Clause, en banc Granting en banc rehearing of June 2 panel decision (Clement, Southwick, Engelhardt) that affirmed a conviction of possession of a firearm by a felon, rejecting an as-applied Second Amendment challenge. In a … More July 20, 2026, opinions
Designated for publication Stewart, J. (Higginbotham, Stewart, Haynes) (no oral argument), judicial estoppel, personal tort On remand from the U.S. Supreme Court, from prior Fifth Circuit affirmance of dismissal of plaintiff’s suit, remanding back to district court to assess judicial estoppel from plaintiff’s failure to disclose claim on bankruptcy schedules. Thomas Keathley brought a personal … More July 17, 2026, opinions
