Designated for publication per curiam (Ho, Wilson, Ramirez), Ho, J., concurring; appellate jurisdiction On remand from the U.S. Supreme Court with an order for the Fifth Circuit to hear the appeal expeditiously, ordering the case to be set on the next available oral argument panel. Judge Ho concurred, noting that the Court had to comply … More May 20, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Jones, Stewart), administrative law, First Amendment Vacating FCC order requiring certain disclosures by broadcasters of employment demographics information. Petitioners challenged the FCC’s order requiring broadcasters to submit employment data through Form 395-B, raising four arguments, but the Court focused solely on the first: whether the FCC had statutory authority … More May 19, 2025, opinions
Designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), personal tort, Federal Tort Claims Act Affirming judgment in favor of plaintiff in personal injury and death arising from an auto collision with a U.S. Postal Service vehicle that then caused the plaintiff to go forward and collide with his neighbor’s house. The Court analyzed a case … More May 16-18, 2025, opinions
Designated for publication Southwick, J. (Wiener, Stewart, Southwick), supervised release, criminal Affirming revocation of supervised release based on failure to report to federal parole officer and on state crimes while on release, even though arrest for revocation of supervised release did not occur until after term of supervised release was over, upholding invocation of jurisdiction … More May 15, 2025, opinions
Designated for publication Graves, J. (Graves, Engelhardt, Oldham), breach of fiduciary duty Affirming dismissal of breach of fiduciary duty claims brought in a shareholder derivative suit by company’s shareholders against company’s directors. The Court held that shareholders must either make a litigation demand to the board or show demand futility by demonstrating that at least … More May 13, 2025, opinions
Designated for publication Clement, J. (Clement, Engelhardt, Wilson), Title VII, employment discrimination, labor law, jury instructions, pleadings amendment Reversing the denial of Southwest’s motion for judgment as a matter of law on employee’s belief-based Title VII claim and RLA retaliation claim and remanding with instructions for the district court to enter judgment for Southwest; affirming … More May 8-9, 2025, opinions
Unpublished opinions per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming 20-month sentence on revocation of supervised release. per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming conviction and 52-month sentence for conspiracy to possess heroin with intent to distribute, possession of a firearm in furtherance of a drug-trafficking crime, maintaining a drug-involved premises, possession of methamphetamine … More May 7, 2025, opinions
Unpublished opinions Richman, J. (King, Richman, Higginson), insurance Affirming summary judgment in favor of insurer on its declaratory judgment claim regarding exclusion from coverage. per curiam (Smith, Graves, Duncan), Title VII, employment discrimination Affirming summary judgment in favor of university employer on race discrimination claims. per curiam (Davis, Smith, Higginson), insurance Affirming summary judgment in … More May 1, 2025, opinions
Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentence reduction Vacating denial of motion for sentence reduction, and remanding for reconsideration. per curiam (Smith, Graves, Duncan), breach of contract, trade secrets Affirming summary judgment and evidentiary rulings in favor of defendant in breach of contract and trade-secret-misappropriation claims. per curiam (Smith, Stewart, Duncan), criminal Affirming … More April 30, 2025, opinions
Opinions designated for publication Clement, J. (Stewart, Clement, Willett), arbitration Affirming district court’s order granting defendant’s motion to confirm arbitration award and denying plaintiff’s motion to vacate arbitration award, regarding payment of “stand-by costs” under contract for construction of natural gas pipeline. Unpublished opinions per curiam (Graves, Willett, Wilson), prisoner suit Affirming dismissal as frivolous … More April 28, 2025, opinions
