Designated for publication Clement, J. (Clement, Graves, Ho) (no oral argument), criminal, sentencing Vacating sentence in part and remanding for conformance of the written judgment of terms of supervised release with oral pronouncement. The Fifth Circuit confronted a recurring post-Diggles question: what should be done when a written judgment includes unpronounced discretionary conditions of supervised … More December 2, 2025, opinions
Designated for publication Duncan, J. (Smith, Graves, Duncan) (no oral argument), diversity jurisdiction, commercial litigation Affirming that diversity jurisdiction exists, and affirming summary judgment for lender/plaintiff holding defendants liable as guarantors for loans made by Appellees Cadence Bank and Century Bank. The Banks made two large loans to Bridgelink Engineering LLC (which the Johnsons managed) … More November 24, 2025, opinions
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
Designated for publication per curiam (Barksdale, Willett, Duncan) (oral argument withdrawn), Willett, J., concurring (joined by Duncan, J.); criminal, Second Amendment Affirming conviction of possession of a firearm by a felon, rejecting Second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 Initially designated as an unpublished opinion, then changed to designate as being … More November 14, 2025, opinions
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
Published decisions per curiam (Elrod, Jones, Higginson) (no oral argument), Higginson, J., dissenting; criminal, discovery, sealed records Granting unopposed motion for summary reversal of unexplained denial of joint unopposed motion for entry of modified protective order for production of criminal discovery records. Finding: “The dissent raises the concern that a reversal of the District Court’s … More October 23-24, 2025, opinions
Designated for publication Stewart, J. (Jones, Stewart, Ramirez) (oral argument), criminal, sufficiency of evidence, testimony, jury instruction Affirming conviction of bank fraud, conspiracy to commit bank fraud, and making false entries in bank records. A federal jury convicted Ashton J. Ryan, Jr.—former President/CEO of First NBC Bank and Chair of its Board—of conspiracy to commit … More October 17, 2025, opinions
Designated for publication Clement, J. (Clement, Engelhardt, Wilson) (oral argument), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Denying petition for en banc rehearing, but granting petition for panel rehearing and substituting a new opinion in place of the panel’s May 8, 2025, opinion; reversing the denial of Southwest’s motion for judgment as a matter of law … More October 14-15, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (no oral argument), Rooker-Feldman doctrine, personal tort, defamation Vacating Rooker-Feldman-based dismissal of plaintiff attorney’s defamation claims against defendant attorneys who had represented the plaintiff’s client’s employer in underlying Title IX claims brought by plaintiff’s client arising from alleged sexual assault and harassment of university students by university’s … More October 8, 2025, opinions
Designated for publication Higginson, J. (Higginson, Willett, Engelhardt), takings Affirming dismissal of plaintiff’s inverse condemnation claim against City, dismissal of Declaratory Judgment Act claim, and remand of breach of contract and other claims to state court. The plaintiffs, a group of developers, contracted with the City of Mesquite to carry out public improvement projects, including … More September 23, 2025, opinions
